Linda Vanucci

The applicant alleged discrimination based on disability after being terminated following a workplace injury.

The respondents sought to dismiss the application under s. 45.1 of the Human Rights Code, arguing that a prior Ontario Labour Relations Board (OLRB) decision regarding termination pay had appropriately dealt with the substance of the application.

The Tribunal found that while the OLRB review was a proceeding, it only addressed whether the applicant engaged in wilful misconduct and did not analyze whether the applicant's disability was a factor in his termination.

The request to dismiss the application was denied.

The applicant requested a reconsideration of a decision dismissing his human rights application.

He argued the adjudicator erred by not inviting submissions when he attempted to expand the scope of his application during closing arguments to include adverse effect discrimination regarding housing requirements for migrant workers.

The Tribunal denied the request, finding that the applicant was attempting to use reconsideration as an appeal and that expanding the scope of the hearing at the closing submissions stage would have been manifestly unfair to the respondents.

The applicant, a seasonal agricultural worker, alleged he was terminated because he got married in Canada, claiming discrimination based on ancestry, colour, ethnic origin, family status, and race.

The respondents maintained that the applicant abandoned his employment after his wedding and later sought employment outside of the Seasonal Agricultural Worker Program, which they could not offer.

The Tribunal found the applicant's evidence contradictory regarding his residence after the wedding and concluded it was more probable that he left the worksite and sought work outside the Program.

The application was dismissed.