Christopher Burkett

The respondent requested an adjournment of the hearing because its counsel had erroneously released the hearing dates and was scheduled to be the primary caregiver for his newborn baby.

The applicant opposed the request, noting his own prior adjournment request had been denied.

The Tribunal granted the adjournment, finding that proceeding without counsel for the respondent would violate principles of natural justice and procedural fairness.

The applicant requested an adjournment of the scheduled hearing more than 14 days after the Notice of Hearing was issued, citing a lack of preparation and difficulty accessing witnesses.

The respondent consented to the request.

The Tribunal denied the adjournment, finding that a lack of preparation does not constitute an extraordinary circumstance justifying an adjournment under the Tribunal's Practice Direction.

In an application alleging discrimination in employment on the basis of disability, the Tribunal addressed several preliminary requests.

The union's request to intervene was granted.

The applicant's request for production of file notes from the university's Office of Human Rights and Equity Services and to compel its staff to testify was denied, as the information was not relevant to the core issue of discrimination upon return to work.

The applicant was directed to provide consent for the release of medical information from her summonsed medical witnesses.