2 total
Human rights application regarding denied disability benefits dismissed for being filed outside the one-year limitation period.
The applicant filed a human rights application alleging discrimination based on disability after her claim for long-term disability benefits was denied.
The application was filed more than one year after the denial decisions.
The Tribunal held a summary hearing to determine if the application should be dismissed for delay.
The applicant argued her mental health prevented her from filing on time, but the Tribunal found she had pursued other avenues of redress during the same period.
The Tribunal concluded the applicant failed to establish a good faith explanation for the delay and dismissed the application as being outside its jurisdiction.
Tribunal varied Review Officer's order, reducing the job-related experience factor rating for Nursing Attendants from 2 to 1.
The applicant employer applied to the Pay Equity Hearings Tribunal to vary a Review Officer's Order regarding the job evaluation rating for the Nursing Attendant/PCA classification.
The Review Officer had rated the job-related experience factor at 2.
The employer argued it should be rated 1, as the position requires less than six months of job-related experience to perform satisfactorily, given the one-year college program and clinical placements required for the role.
The Tribunal agreed with the employer, finding that the educational requirements largely prepare individuals for the job and that less than six months of on-the-job experience is needed to perform effectively.
The Tribunal varied the Order to rate the job-related experience factor at 1.
