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Human rights application dismissed under s. 45.1 as substance was appropriately dealt with by OLRB.
The applicant filed a human rights complaint alleging unjust dismissal based on disability.
The respondents requested dismissal of the application under s. 45.1 of the Human Rights Code, arguing the substance had already been dealt with by the Ontario Labour Relations Board (OLRB).
The OLRB had previously determined that the applicant's failure to provide requested medical information constituted wilful misconduct disentitling him to termination and severance pay.
The Tribunal found that the OLRB proceeding dealt with the same factual issues and that the applicant had a meaningful opportunity to be heard.
The application was dismissed.
Arbitrators have no jurisdiction to allow collateral attacks on criminal convictions in grievance proceedings.
Three employers applied for judicial review of arbitration awards that reinstated employees who had been discharged following criminal convictions for sexual assault in the workplace.
In each case, the arbitrators had allowed the unions to collaterally attack the criminal convictions and had concluded the employees were innocent.
The Divisional Court granted the applications and quashed the arbitration awards, holding that a criminal conviction cannot be collaterally attacked at a subsequent arbitration.
The doctrine of abuse of process prevents an arbitrator from retrying a criminal case and treating a conviction as merely prima facie evidence.
