2 total
Early dismissal denied; prior ESA decision on wilful misconduct did not address human rights accommodation issues.
The respondents requested the early dismissal of the human rights application under section 45.1 of the Human Rights Code, arguing that the substance of the application had been appropriately dealt with in a prior Employment Standards Act (ESA) claim.
The Employment Standards Officer had awarded the applicant termination and severance pay, finding that his lateness was a consequence of his learning disability and not wilful misconduct.
The Tribunal denied the request for early dismissal, finding that the ESA proceeding did not address the broader human rights issues of whether the employer failed to accommodate the applicant's disability or terminated him on discriminatory grounds.
Application for contravention of settlement dismissed after applicant failed to attend preliminary hearing.
The applicant filed an Application for Contravention of Settlement against the respondents.
A preliminary hearing was scheduled to determine whether the Application should be dismissed.
The applicant failed to attend the teleconference hearing despite receiving notice.
The Tribunal proceeded in his absence, removed two respondents who were not parties to the settlement, and dismissed the Application as abandoned.
