Kerry Kitchura

The applicant, a temporary seasonal employee, alleged discrimination in employment on the basis of disability.

He claimed his manager refused to sign a Ministry of the Environment form required for a drinking water operator certificate because of a previous workplace injury.

The Tribunal found that the manager refused to sign the form because the applicant had not accumulated the required hours of operating experience and the form contained inaccurate information.

The Tribunal concluded there was no evidence that the applicant's injury was a factor in the manager's decision and dismissed the application.

The applicant filed an application alleging discrimination in employment based on disability.

The application was previously deferred pending the outcome of union grievances.

Following the conclusion of the grievance process, both parties requested that the application be re-activated.

The union sought to intervene to protect the collective agreement and the integrity of the grievance process.

The Tribunal granted the union's request to intervene and re-activated the application.

The respondent's request to dismiss the application under section 45.1 of the Human Rights Code or Rule 19.1 was deferred to a preliminary hearing by teleconference.