Angela Wiggins

The union filed a grievance alleging dismissal without just cause and discrimination.

Prior to the hearing, the parties sought direction on particulars, production of medical documents, and the order of proceeding.

The parties reached an agreement on these preliminary issues, which the arbitrator issued as a consent order.

The union was directed to produce medical records, and the order of proceeding was established with the employer proceeding first on the issue of absenteeism.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability.

The Tribunal held a summary hearing to determine if the application should be dismissed for delay and lack of a reasonable prospect of success.

The Tribunal found that the allegations relating to events prior to the applicant's lay-off were filed out of time without a good faith explanation for the delay.

The remaining timely allegation, that the respondent objected to the applicant seeking a WSIB specialist appointment, was dismissed as having no reasonable prospect of success because there was no evidence linking the objection to the applicant's disability.