Jordan Goldblatt

The personal respondent, Andrea Seepersaud, brought a Request for Order During Proceedings seeking to be removed from the human rights application.

She argued that as she was acting in the course of her employment as Executive Director, she could not be named as a respondent under section 46.3(1) of the Human Rights Code.

The Tribunal dismissed the request, noting that individual employees can be held personally liable under section 9 of the Code.

The Tribunal found that the respondent's conduct was a central issue in the proceeding and that there was no institutional employer available to respond to the allegations, as the corporate respondent had closed.

The applicant, a Seventh Day Adventist, alleged discrimination in employment on the basis of creed after her fixed-term contract was not renewed.

She claimed her request for religious accommodation to not work on her Sabbath was a factor in the non-renewal.

The Tribunal found that the applicant was not required to work on her Sabbath prior to the expiry of her contract.

Furthermore, the Tribunal concluded that the contract was not extended because the specific funding for her positions had expired, not because of her request for accommodation.

The application was dismissed.