7 total
Human rights application deferred pending conclusion of concurrent union grievance proceeding involving overlapping facts.
The applicant filed a human rights application alleging discrimination on the basis of disability by his employer, a police services board.
The applicant had also filed a concurrent grievance through his union regarding workplace harassment based on the same underlying facts.
The respondent requested that the Tribunal defer the application pending the outcome of the grievance process.
The Tribunal granted the request, finding significant factual overlap between the two proceedings and noting that deferral avoids simultaneous proceedings and conflicting determinations.
Request for summary hearing denied due to factual disputes; union granted intervenor status.
The corporate respondent and a personal respondent requested a summary hearing to determine if the application should be dismissed for having no reasonable prospect of success.
The Tribunal denied the request, finding that evidence was required to resolve factual disputes and clarify the impact of an arbitrator's findings.
The Tribunal also granted the York Regional Police Association's request to intervene, noting its typical practice of allowing union intervention in applications arising from unionized workplaces.
Applicant permitted to amend human rights application to add reprisal allegations; other preliminary issues deferred.
The applicant brought a request to amend their human rights application to correct a typographical error, add allegations of reprisal that occurred after filing, and amend the remedial section.
The respondents brought requests to remove individual respondents and dismiss portions of the application as untimely.
The Tribunal granted the applicant's request to amend, finding it appropriate given the ongoing relationship and the timing of the request.
The Tribunal deferred deciding the remaining preliminary issues, noting they were inter-related with the amendment and could be addressed if the matter did not resolve at the upcoming mediation/adjudication.
Human rights application against unions dismissed for delay and no reasonable prospect of success.
The applicant filed a human rights application alleging discrimination by her employer and two unions (SEIU and UFCW) based on race, ancestry, place of origin, disability, and sex.
The employer settled.
The Tribunal held a summary hearing to determine if the application against the unions should be dismissed.
The Tribunal dismissed the application against SEIU because it was filed more than four months past the one-year statutory deadline and the delay was not incurred in good faith.
The Tribunal dismissed the application against UFCW because there was no reasonable prospect that the applicant could prove a link between the union's alleged failure to represent her properly and any prohibited Code grounds.
Adjournment granted due to non-receipt of hearing notice despite representative's lack of due diligence.
The respondents requested an adjournment on the first day of the hearing, claiming their representative never received the Confirmation of Hearing Notice due to a change in mailing address.
Although the representative showed a lack of due diligence, the Tribunal granted the adjournment to avoid prejudice to the respondents, noting the other parties consented.
The Tribunal also issued case assessment directions, varying the Rules to allow the unrepresented applicant to submit a witness list and suggesting she consider calling her family physician.
Human rights application against union dismissed for failing to allege discriminatory basis for union's inaction.
The applicant filed a human rights application alleging that his union and its officials discriminated against him by failing to assist him with grievances against his employer regarding accommodation.
The respondents sought to dismiss the application on the basis that it did not disclose a prima facie case of discrimination.
The Tribunal found that the applicant merely alleged a failure to act by the union, without any factual foundation that the union's conduct was based on discriminatory factors.
The application was dismissed for failing to establish a prima facie case.
Human rights application dismissed at summary hearing for having no reasonable prospect of success.
The applicant filed a human rights application alleging discrimination and harassment in employment on the basis of race and colour.
The Tribunal scheduled a summary hearing to determine if the application had a reasonable prospect of success.
The applicant failed to attend the teleconference hearing and did not file written materials as directed.
The Tribunal reviewed the materials and found no connection between the alleged comment and the applicant's race or colour, and concluded the employer's response was reasonable.
The application was dismissed for having no reasonable prospect of success.
