Paul Pingue

The respondent requested that the Tribunal defer consideration of the human rights application pending the outcome of the applicant's WSIB appeal regarding traumatic mental stress.

The Tribunal denied the deferral request, finding that the issues before the WSIB (whether the applicant met criteria for compensable traumatic mental stress) did not sufficiently overlap with the human rights issues (whether the respondent failed to accommodate the applicant's disability-related needs and subjected him to discriminatory comments).

The applicant filed multiple human rights applications against her employer and unions alleging discrimination based on disability, failure to accommodate, and failure to properly represent her in grievances.

Following a summary hearing, the Tribunal granted the applicant's request to amend her applications to include recent events including her termination.

The Tribunal dismissed all allegations against OPSEU and most allegations against Unifor as having no reasonable prospect of success, finding no evidence that the unions' actions were discriminatory.

The allegations against the employer and the remaining allegations against Unifor regarding post-termination events were allowed to proceed to a hearing, where the potential application of section 45.1 of the Code will be considered.

The applicant filed an application alleging discrimination in employment on the basis of disability, claiming the respondent failed to accommodate his post-concussion syndrome by requiring him to work alone, which led to his termination.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The Tribunal found that the applicant's medical restrictions did not state he could not work alone, and there was no evidence linking his difficulties during the shift to his disability.

The application was dismissed for having no reasonable prospect of success.