Weese v. Suncor Energy Inc., 2016 HRTO 151

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shannon Weese

Applicant

-and-

Suncor Energy Inc., Petro-Canada Fuels, 6989641 Canada Inc., Rod Matheson and Ruth Lebel

Respondents

INTERIM DECISION

Adjudicator: Leslie Reaume

Date: February 2, 2016

Citation: 2016 HRTO 151

Indexed as: Weese v. Suncor Energy Inc.

WRITTEN SUBMISSIONS

Shannon Weese, Applicant

George Walker, Counsel

Suncor Energy Inc., Petro-Canada Fuels, 6989641 Canada Inc., Rod Matheson and Ruth Lebel, Respondents

Danesh Rana, Counsel

1The applicant filed an Application alleging discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The applicant was injured at work. He alleges that the respondent failed to accommodate him, terminated his benefits and then terminated his employment.

3This Interim Decision addresses the respondent's Request to dismiss this Application on the basis that the Workplace Safety and Insurance Board ("WSIB") has appropriately dealt with the substance of the Application pursuant to section 45.1 of the Code.

4The respondent argues that WSIB determined that the medical evidence did not support ongoing work-related impairment and closed the applicant's file in June 2015.

5The applicant was terminated on July 2, 2015, on a without cause basis. The respondent alleges that there was cause for the termination in part because the applicant had been working for another employer while on WSIB.

6Section 45.1 of the Code states:

The Tribunal may dismiss an application, in whole or in part, in accordance with its rules, if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

7Section 45.1 is generally considered in two parts: (1) was there another "proceeding" and, (2) if so, did it "appropriately deal with" the substance of the application.

8Whether or not the process followed by the WSIB amounted to a "proceeding" within the meaning of s. 45.1, it cannot be said that they have appropriately dealt with the substance of the Application. The WSIB has not dealt with the applicant's allegations that the respondent failed to accommodate him and terminated his benefits and employment. The respondent may very well have a viable defence for the allegations of discrimination, but I would not dismiss this Application on the basis that the WSIB has dealt with the substance of those allegations. Accordingly, the respondent's Request to dismiss the Application under s. 45.1 of the Code is denied.

Mediation

9Both parties have agreed to mediation and as a result, I would recommend that a mediation be scheduled as the next step in this Application.

Orders

10For the reasons set out above, the Tribunal orders as follows:

a. The respondent's request to dismiss the Application under s. 45.1 of the Code is denied.

b. The Application will be scheduled for mediation.