3 total
Costs awarded against the Commission on a party-and-party basis for a bad faith, vexatious complaint.
The respondents sought an award of costs under s. 41(4) of the Human Rights Code following the dismissal of a complaint alleging discrimination based on sexual orientation.
The Board of Inquiry found that the complainants acted in bad faith by being untruthful about matters central to the case and engaging in a malicious publicity campaign.
The Board also found the complaints were trivial, frivolous, and vexatious, and that the Commission acted irresponsibly in pursuing them.
Although the respondents established entitlement to costs, the Board declined to award non-legal costs or solicitor-and-client legal costs because the self-represented respondent deliberately exaggerated and misrepresented his time and expenses.
The Commission was ordered to pay the respondents' legal costs on a party-and-party basis, plus disbursements.
Seniority reduction for disability-related absence constitutes constructive discrimination under the Human Rights Code.
The complainant, who was absent from work for a year and a half due to a workplace injury, lost six months of seniority pursuant to a provision in the collective agreement that reduced seniority for absences exceeding one year.
She subsequently lost a job competition because of this reduced seniority.
The Board of Inquiry found that while the provision was neutral on its face, it had a discriminatory impact on the complainant because of her handicap.
The Board held that both the employer and the union breached the Human Rights Code by failing to accommodate her to the point of undue hardship.
Board rejects restricted bargaining unit description for craft union in construction industry certification application.
The applicant union sought certification for a bargaining unit of carpenters engaged in the installation of exterior cladding systems.
The respondent employer argued for a broader unit of all carpenters and carpenters' apprentices.
The Board ruled that in the construction industry, a craft union must seek to represent all members of its craft employed by the respondent, and therefore rejected the applicant's restricted description.
The Board defined the appropriate bargaining unit and appointed an officer to inquire into the employment status of certain individuals characterized by the respondent as independent contractors.
