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Respondent's request for summary hearing denied; document production request deferred pending document filing.
The applicant filed an application alleging employment discrimination based on race, colour, ancestry, place of origin, and ethnic origin.
The respondent filed a Request for Summary Hearing, which the Tribunal denied without reasons pursuant to Rule 19A.5.
The Tribunal also deferred deciding the applicant's request for document production until the parties filed their intended documents, and directed the scheduling of a case management conference call.
Human rights applications alleging discriminatory failure to interview dismissed at summary hearing for lacking reasonable prospect of success.
The applicant filed human rights applications against York University and the University of Waterloo, alleging discrimination in employment on the basis of race, ancestry, ethnic origin, and other grounds after she was not granted job interviews.
The Tribunal held a summary hearing to determine if the applications had a reasonable prospect of success.
The respondents submitted that the applicant was not interviewed because her application materials contained numerous spelling and grammatical errors and did not demonstrate she met the posted requirements.
The Tribunal found the applicant's allegations were merely speculative and dismissed the applications, concluding there was no reasonable prospect she could prove her Code rights were violated.
University breached procedural obligations under the Code by failing to adequately communicate during a harassment investigation.
The applicant, a university professor, received a threatening and sexually harassing email from an unknown sender while seven months pregnant.
She alleged the respondent university failed to adequately investigate and respond to the incident.
The Tribunal found that while the university met its substantive obligations by responding promptly and providing a safe work environment, it breached its procedural obligations under the Human Rights Code by failing to maintain communication with the applicant and lacking adequate policies and training for such incidents.
The Tribunal awarded the applicant $8,000 for injury to dignity, feelings, and self-respect, plus $1,950 for ongoing counselling.