2 total
Judicial review of HRTO dismissal denied; applicant failed to link workplace assault to protected grounds.
The applicant sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision dismissing his application for lack of jurisdiction.
The applicant alleged he was assaulted by a coworker and subsequently terminated from his temporary assignment, claiming discrimination on various grounds.
The HRTO dismissed the application because the applicant failed to allege any nexus between a protected ground under the Human Rights Code and the alleged discriminatory conduct.
The Divisional Court found the HRTO's decision reasonable and concluded there was no denial of procedural fairness, as the HRTO acted in accordance with its rules.
The application for judicial review was dismissed.
The Court of Appeal upheld an arbitrator's decision that terminating a temporary employee based solely on a mechanical peer-average shift acceptance rate was unreasonable.
Canada Post Corporation appealed an arbitrator's decision that reinstated Christopher Seivright, a temporary postal worker, after his dismissal for failing to demonstrate reasonable availability in accepting work assignments.
The arbitrator rejected Canada Post's use of a peer average acceptance rate (37.8% versus 49.9% peer average) as the sole basis for termination, finding it arbitrary and unreasonable.
The arbitrator considered contextual factors including the 24/7 operation of the York Distribution Centre, high parcel volume, the grievor's seniority, and the actual number of shifts worked (57 shifts, placing him in the top 25-30% of temporary employees).
The Divisional Court upheld the arbitrator's decision as reasonable despite departing from prior arbitral jurisprudence on certain points.
The Court of Appeal dismissed the appeal, finding no binding arbitral precedent for mechanical application of acceptance rate standards and confirming that reasonable availability must be assessed on a case-by-case basis considering relevant workplace circumstances.
