Robert Weir

The applicant filed a human rights application alleging discrimination on the basis of disability and age regarding the denial of an Individual Special Circumstance Arrangement.

The respondent requested that the application be deferred because the applicant had filed a concurrent grievance under the collective agreement dealing with the same facts and issues, which was in the process of being settled.

The Tribunal granted the request and deferred the application pending the completion of the grievance process, noting that grievance arbitrators have the authority to decide human rights issues.

The applicant filed a human rights application alleging discrimination in employment based on disability.

The respondents brought a request for an interim order to remove the individual respondents and to compel disclosure of the applicant's Occupational Health file.

The Tribunal granted the request to remove the individual respondents, finding that the corporate respondent accepted potential liability and there was no compelling reason to continue against the individuals.

The Tribunal dismissed the request for disclosure of the Occupational Health file as premature, noting that the obligation to disclose arguably relevant documents arises after a Notice of Hearing is issued.

The respondent requested an order dismissing the application or excluding the applicant's materials due to late filing, and preventing a witness from testifying by affidavit.

The Tribunal denied the request to dismiss or exclude materials, finding the applicant complied with the 7-day deadline set in a previous Case Assessment Direction.

The Tribunal refused to allow the witness to testify by affidavit, noting that unavailability during a specific month is not an exceptional circumstance, but directed the applicant to advise if the witness could testify by telephone.

The respondent employer brought a request for an order to defer the human rights application pending the outcome of a parallel proceeding before the Workplace Safety and Insurance Board (WSIB).

The Tribunal found that while there was some overlap between the WSIB appeal and the human rights application, the overlap only pertained to a portion of the allegations.

Given the unknown timeframe for the WSIB appeal and the fact that the human rights application was already scheduled for a hearing, the Tribunal declined to defer the application at this time.

The applicant filed a human rights application alleging discrimination in employment on the basis of ethnic origin, disability, and association, as well as reprisal.

After the main allegations regarding termination were dismissed in previous interim decisions, the respondents filed a Request for Order During Proceedings to dismiss the remaining allegations as out of time.

The applicant failed to respond to the respondents' Request and a subsequent Case Assessment Direction.

Consequently, the Tribunal dismissed the application as abandoned.

The applicant alleged that his employment was terminated due to discrimination based on ethnic origin, disability, association with co-workers who filed human rights complaints, and reprisal for his role as a Union Steward and Health and Safety Inspector.

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

The Tribunal dismissed the allegations related to the termination, finding no evidence linking the termination to any prohibited ground under the Human Rights Code, and noting that an arbitrator had previously upheld the termination for insubordination.

However, the Tribunal allowed new allegations regarding disability discrimination during the course of employment to proceed to a full hearing.

The applicant filed a human rights application alleging discrimination in employment on the basis of ethnic origin, disability, association, and reprisal.

The respondents requested early dismissal under section 45.1 of the Human Rights Code, arguing that a prior grievance arbitration had appropriately dealt with the substance of the application.

The Tribunal found that the arbitrator had addressed the facts underlying the ethnic origin claim and dismissed that portion of the application.

However, the Tribunal ordered a summary hearing to determine if the remaining allegations regarding disability, association, and reprisal had a reasonable prospect of success.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability.

The respondent requested dismissal under s. 45.1 of the Human Rights Code, arguing the matter was already resolved through a union grievance process that resulted in signed Minutes of Settlement.

The Tribunal found that the grievance dealt with the same issues, the applicant was represented by his union, and the settlement included a release covering the respondent.

The Tribunal granted the request and dismissed the application to avoid duplication of proceedings.