Seann D. McAleese

The applicant filed an application alleging discrimination on the basis of disability and reprisal against his employer and union.

He claimed the employer delayed his medical treatment following a workplace injury and disciplined him discriminatorily, and that the union failed to properly represent him during a grievance process, coercing him into a settlement.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success as the applicant failed to provide evidence linking the respondents' actions to a protected Code ground.

The applicant filed a human rights application alleging her employment was terminated because of her intention to take maternity leave.

The respondent requested the Tribunal defer the application because an Employment Standards claim regarding the same allegations was ongoing before the Ministry of Labour.

The Tribunal found that the factual circumstances and remedial claims in both proceedings overlapped significantly.

To avoid the risk of inconsistent findings of fact, the Tribunal ordered the deferral of the human rights application pending the conclusion of the Employment Standards process.