4 total
Human rights application deferred pending conclusion of concurrent union grievance proceeding involving overlapping facts.
The applicant filed a human rights application alleging discrimination on the basis of disability by his employer, a police services board.
The applicant had also filed a concurrent grievance through his union regarding workplace harassment based on the same underlying facts.
The respondent requested that the Tribunal defer the application pending the outcome of the grievance process.
The Tribunal granted the request, finding significant factual overlap between the two proceedings and noting that deferral avoids simultaneous proceedings and conflicting determinations.
Reconsideration of interim document production order denied as interim decisions are not final decisions.
The applicant requested reconsideration of an interim decision that denied her request for document production from the respondents and the union.
The Tribunal dismissed the reconsideration request, finding that interim decisions regarding document production are not final decisions and therefore do not qualify for reconsideration under the Tribunal's Rules.
However, the Tribunal granted a new request for the applicant's Record of Employment, finding it arguably relevant to the dispute over her last day of work.
Adjournment granted due to the birth of respondents' counsel's child.
The respondents requested an adjournment of the scheduled hearing because their counsel's wife had just delivered a child.
The Tribunal granted the adjournment, finding that the birth of counsel's child constituted an exceptional circumstance under its Practice Direction.
The Tribunal directed the parties to appear on the first scheduled hearing date to explore settlement through mediation.
Tribunal partially grants document production request, ordering redacted resumes to show candidates' employment status.
The applicant in a human rights proceeding alleging employment discrimination filed a Request for an Order during Proceedings seeking the production of numerous documents from the respondents and the Ontario Nurses Association (ONA), a non-party.
The Tribunal applied the 'arguable relevance' threshold for document production.
The Tribunal denied most of the requests, finding no nexus between the requested documents and the allegations, but ordered the respondents to produce redacted resumes of candidates interviewed for a specific job competition to establish their employment status.
The Tribunal also denied the request for documents from ONA, finding the requested internal grievance report was privileged and the other requested documents were not arguably relevant.
