2 total
Human rights application deferred pending conclusion of overlapping WSIB appeal regarding termination.
The applicant filed a human rights application alleging discrimination and reprisal with respect to employment because of disability, following his termination.
The applicant also had an ongoing appeal before the Workplace Safety and Insurance Board (WSIB) regarding loss of earnings benefits related to the same termination.
The Tribunal deferred the human rights application pending the conclusion of the WSIB proceedings, finding a direct overlap in facts, issues, and potential remedies.
Summary dismissal denied as disputed facts regarding time off for physiotherapy require a full hearing.
The applicant filed a human rights application alleging discrimination and reprisal in employment on the basis of disability, following his termination after taking time off for physiotherapy for a workplace injury.
The respondent requested the application be dismissed at a summary hearing for having no reasonable prospect of success, arguing the termination was for failing to follow time-off procedures.
The Tribunal found there were disputed facts requiring evidence and credibility determinations, and declined to dismiss the application.
The Tribunal also directed the parties to provide written submissions on whether the application should be deferred pending the outcome of the applicant's ongoing WSIB proceedings.
