Derrick McIntosh

The applicant filed a human rights application alleging discrimination and reprisal.

At the commencement of the hearing on the merits, after procedural matters and opening statements, the applicant requested to withdraw his application.

The respondent sought a withdrawal with prejudice, while the applicant sought it without prejudice.

The Tribunal granted permission for the applicant to withdraw the application without conditions, noting that if the applicant attempts to re-file, the respondent may raise objections at that time.

The applicant filed an application alleging that the organizational respondent contravened a settlement agreement by failing to continue his medical and dental benefits, resulting in a denied claim.

The Tribunal found that a contravention occurred due to an administrative error that caused a lapse in coverage.

However, because the respondent retroactively reinstated the benefits and processed the claim as soon as it became aware of the issue, the Tribunal concluded the breach was de minimis.

The application was allowed, but the Tribunal exercised its discretion to order no remedy.

The applicant alleged discrimination in employment on the basis of disability, family status, marital status, sex, and reprisal against his employer and his union.

The respondents requested that the application be dismissed for delay and for having no reasonable prospect of success.

The Tribunal dismissed the allegations against the union, finding they fell outside its jurisdiction or had no reasonable prospect of success.

The Tribunal also dismissed the allegations against the employer prior to April 2014 as untimely, finding that a 16-month gap broke the series of incidents and that pursuing grievances did not constitute a good faith reason for delay.

The application was permitted to continue regarding the timely allegations of denied accommodation.

At the commencement of the hearing for an application alleging discrimination based on family status, the intervenor union requested to withdraw on consent.

The Tribunal granted the request and removed the union from the style of cause.