Megan Beal

The Employer raised a preliminary objection that the Union was improperly attempting to expand the scope of an 'unjust termination' grievance to include allegations of discrimination and failure to accommodate the grievor's alcohol disability.

The Arbitrator dismissed the objection, finding that the grievor's alcohol problem had been disclosed and discussed throughout the investigation and grievance process.

The Employer reasonably ought to have expected that the Union would pursue the issue of discrimination and the duty to accommodate, even if the legal terms were not explicitly used in the grievance form.

The applicant filed a human rights application alleging discrimination following the termination of her employment.

The respondents argued the application was out of time as the Tribunal's record showed it was filed more than one year after the termination.

The applicant provided evidence that she had originally submitted the application within the one-year period but the Tribunal failed to process it.

The Tribunal found the application was filed in accordance with section 34 of the Human Rights Code and directed the processing to continue.