5 total
Human rights application deferred pending conclusion of concurrent Duty of Fair Representation proceeding.
The applicant filed a human rights application alleging discrimination and reprisal.
A concurrent Duty of Fair Representation (DFR) application was also filed containing similar allegations.
The Tribunal issued a Notice of Intent to Defer the human rights application pending the conclusion of the DFR proceeding.
The respondents supported the deferral, while the applicant opposed it.
The Tribunal found it appropriate to defer the application because of the overlap in facts and human rights issues, noting that the DFR outcome could be determinative.
Tribunal dismisses previously arbitrated human rights allegations and requests submissions on limitation period for remaining claims.
The applicant filed a human rights application alleging discrimination and reprisal on the basis of sex and disability.
The respondent requested the application be dismissed under s. 45.1 of the Human Rights Code, arguing the issues were appropriately dealt with in a prior grievance arbitration.
The Tribunal dismissed the allegations from 2012 to 2015, as the parties agreed they were addressed by the arbitrator.
For the remaining allegations from 1996 to 2011, which were filed outside the one-year limitation period, the Tribunal directed the parties to provide written submissions on whether the delay was incurred in good faith under s. 34(2) of the Code.
Human rights application deferred pending completion of concurrent union grievance process.
The applicant filed a human rights application alleging discrimination based on disability.
The respondent and the union requested that the application be deferred because a grievance based on the same facts was proceeding to arbitration.
The Tribunal found it appropriate to defer the application pending the completion of the grievance process.
Request for review of pension decision dismissed as applicant failed to present new evidence or arguments.
The self-represented applicant filed a Request for Review of a Financial Services Tribunal decision regarding the University of Toronto Pension Plan.
Although the applicant missed the filing deadline by a few hours, the Tribunal exercised its discretion to extend the time for filing.
However, the Tribunal dismissed the Request for Review on the merits, finding that the applicant failed to meet the threshold for review.
The applicant merely attempted to reargue issues already decided and did not present any new evidence or arguments that were not reasonably available at the time of the original hearing.
Human rights application dismissed for delay, prior settlement, and having been addressed in another proceeding.
The applicant filed a human rights application alleging discrimination in employment by her former employer and union following a workplace injury.
The Tribunal held a summary hearing to determine if the application should be dismissed for delay and lack of reasonable prospect of success.
The Tribunal dismissed the application against the employer because it was filed more than one year after the last incident without a good faith explanation for the delay, and was barred by Minutes of Settlement.
The application against the union was dismissed because the Ontario Labour Relations Board had already dealt with the substance of the allegations and there was no reasonable prospect of proving the union's actions were discriminatory.
