John Martelli

The applicant, a millwright, alleged that his union discriminated against him on the basis of disability and engaged in reprisal after he was laid off from a job due to medical restrictions.

The applicant had settled his claims against the employer.

The union requested that the application be dismissed for having no reasonable prospect of success.

The Tribunal found that the union did not participate in a discriminatory work rule or impede the employer's accommodation efforts, as required to establish union liability.

The Tribunal also found no evidence of a nexus between the applicant's disability and the union's conduct, and no facts to support a claim of reprisal.

The application was dismissed.

In a human rights application alleging discrimination in employment on the basis of disability, the Tribunal issued an interim decision resolving three procedural requests.

Bruce Power L.P. was granted intervenor status on consent to protect the confidentiality of documents.

Requests by both the applicant and a respondent to have certain witnesses testify by teleconference were granted.

The applicant's request to add internet photographs to his document list was also granted, subject to the respondents' right to challenge their admissibility and reliability at the hearing.