Martin Denyes

The applicant alleged discrimination on the basis of disability regarding the termination of his employment.

The respondents requested the application be dismissed under section 45.1 of the Human Rights Code, arguing the substance of the application was already dealt with in a union grievance arbitration.

The Tribunal found that the arbitrator had considered the reasons for the applicant's absence and conducted the type of analysis contemplated by the Code.

The application was dismissed as an attempt to re-litigate a case already determined.

The applicants, employees of a daycare centre, sought interim reinstatement under section 92.1 of the Labour Relations Act after being terminated shortly after presenting collective demands to their employer.

The employer argued the Act did not protect them as they were not formally represented by a trade union.

The Board found an arguable case that the employees' rudimentary efforts to organize for collective bargaining were protected under the Act.

Concluding that the balance of harm favoured the applicants, the Board ordered their interim reinstatement pending the disposition of the main unfair labour practice complaint.