2 total
Summary dismissal denied; evidentiary hearing required to determine employment status and reasons for termination.
The applicant filed an application alleging discrimination in employment based on disability and record of offences, claiming he was terminated after inquiring about insurance coverage for his health issues.
The Tribunal convened a summary hearing to determine if the application had no reasonable prospect of success.
The respondents argued the applicant was not an employee and that the termination was due to a breakdown in a personal relationship.
The Tribunal concluded that the disputes over the applicant's employment status and the reasons for his termination could not be resolved without a full evidentiary hearing.
The application was directed to proceed to a three-day hearing.
Age discrimination claim dismissed at summary hearing; race discrimination claim allowed to proceed.
The applicant alleged discrimination in employment on the basis of race, age, and disability after not being hired by the respondent.
At a summary hearing, the applicant withdrew the disability claim and consented to removing the individual respondent.
The Tribunal dismissed the age discrimination claim, finding no reasonable prospect of success as the applicant failed to provide evidence linking his age to the hiring decision.
However, the Tribunal allowed the race discrimination claim to proceed, as the applicant was asked about his ability to speak Spanish during the interview, which required further evidentiary testing.
