5 total
Application for disability discrimination dismissed; termination was based on performance issues and dishonesty.
The applicant, a security guard, alleged that his employment was terminated because of his disability after he requested a workplace accommodation for a back problem.
The respondent maintained that the termination was due to a culminating incident involving a car accident with a company vehicle and subsequent dishonesty, following a history of performance issues.
The Tribunal found that the applicant failed to establish that his disability was a factor in the termination, accepting the respondent's non-discriminatory explanation for the dismissal.
Request to amend application to add out-of-time allegations denied; request for production of documents denied.
The applicant sought to amend his human rights application to include allegations of racial discrimination that occurred shortly after he was hired, more than a year before his termination and the filing of his application.
The respondent requested that these allegations be struck from the applicant's Reply.
The Tribunal granted the respondent's request and denied the amendment, finding the allegations were out of time and the applicant failed to provide a good faith explanation for the delay.
The Tribunal also denied the applicant's request for production of pay stubs at this stage, as he had not explained their relevance.
Employer's request to dismiss human rights application denied as termination agreement lacked clear release language.
The respondent employer sought to dismiss the employee's human rights application as an abuse of process, arguing the employee had signed a termination agreement accepting a severance package.
The Tribunal found that the termination letter did not explicitly state the employee was releasing his right to pursue claims under the Human Rights Code, nor was this clearly explained to him.
Because the agreement was ambiguous regarding the release of statutory human rights claims, the Tribunal interpreted it against the employer who drafted it.
The request to dismiss the application was denied and the matter was directed to mediation.
Human rights applications dismissed as abandoned after applicant failed to attend scheduled summary hearing.
The applicant filed human rights applications against the respondents.
The Tribunal scheduled a summary hearing by teleconference to determine whether the applications should be dismissed as having no reasonable prospect of success.
The applicant advised the Tribunal he would refuse to participate and failed to attend the scheduled hearing.
The Tribunal dismissed the applications as abandoned.
Employer granted intervenor status in discrimination application against its employee instructor.
The applicant alleged that the respondent, a language instructor, discriminated against him in the provision of services on the basis of citizenship and age.
The respondent's employer requested intervenor status in the application.
The Tribunal applied the factors for intervention under Rule 11 of the Tribunal's Rules of Procedure and granted the request, finding that the employer had a significant interest in the proceeding because the alleged discrimination related to educational services provided as part of its program.
