Kelly Henriques

The applicant, a Black physician and assistant professor in the Division of Cardiology, alleged that he experienced racial discrimination when the respondent University denied his application for promotion to associate professor and in a subsequent performance appraisal.

The Tribunal found that while the applicant established a prima facie case, the respondent provided a rational, non-discriminatory explanation for the denial of promotion, namely the applicant's lack of peer-reviewed publications and peer-reviewed funding as a principal investigator, as well as a teaching record that did not meet the 'very good' standard.

The Tribunal concluded that the evidence did not support an inference that the applicant's race was a factor in the promotion process or the performance appraisal, and dismissed the application.

The applicant employer sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal, which awarded compensation to a worker injured in a motor vehicle accident while driving home after responding to an emergency call outside normal working hours.

The Appeals Tribunal applied the Board's Travelling Policy, finding the worker was in the course of his employment.

The Divisional Court dismissed the application, holding that the Appeals Tribunal's decision was reasonable, within its jurisdiction, and properly applied the mandatory Board policy.