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Human rights application deferred pending outcome of related WSIB appeal regarding chronic pain disability.
The applicant filed a human rights application alleging discrimination in employment because of disability, specifically that the respondent failed to accommodate his workplace injuries.
The respondent requested that the application be deferred pending the outcome of the applicant's related WSIB appeals.
The Tribunal found that deferral was appropriate because the WSIB appeal regarding the applicant's chronic pain disability was directly relevant to the human rights claim.
The application was deferred pending the outcome of the WSIB appeal.
Tribunal has jurisdiction to hear human rights complaints alleging that statutory benefit schemes are discriminatory.
The applicant filed a human rights complaint alleging that the denial of his WSIB claim for chronic mental stress under s. 13(5) of the Workplace Safety and Insurance Act was discriminatory on the basis of disability.
The Tribunal convened a three-member panel to determine whether it had jurisdiction to hear a complaint alleging discrimination in the provision of statutory benefits.
The Tribunal concluded that benefits provided under a statute are 'services' within the meaning of the Human Rights Code.
While the Tribunal does not have the power to review the substantive correctness of WSIB decisions or act as an appellate body, it has jurisdiction to hear challenges alleging that the statutory scheme itself is discriminatory.
The Tribunal affirmed its jurisdiction and directed the parties to file detailed pleadings.
