Robert Boswell

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming that his modified work following a workplace injury was unsuitable and led to further injury and harassment.

The respondent requested that the application be deferred pending the outcome of the applicant's WSIB appeal regarding the same injuries and loss of earnings.

The Tribunal granted the request to defer, finding a significant overlap of facts and issues between the two proceedings and noting that the WSIB proceedings were more advanced.

The grievor, a former employee who voluntarily retired, filed a grievance claiming compensation for the employer's failure to conduct a performance evaluation and award pay for performance prior to his retirement.

The employer raised preliminary objections, arguing the grievance was barred by Minutes of Settlement signed by the parties and by Regulation 977 under the Public Service Act.

The Public Service Grievance Board upheld the preliminary objections, finding that the comprehensive release in the Minutes of Settlement precluded any further claims arising from the employment relationship.

Furthermore, the Board held it lacked jurisdiction under subsection 31(4) of Regulation 977 to hear complaints regarding the method or outcome of performance evaluations.

The grievance was dismissed without costs.