2 total
Human rights application dismissed for no reasonable prospect of success due to lack of nexus between misconduct and disability.
The applicant, a transit operator, alleged that her employer discriminated against her on the basis of disability (menorrhagia) when it disciplined her and ultimately terminated her employment.
The termination followed a breach of a Last Chance Agreement when the applicant went off her designated bus route.
At the conclusion of the applicant's case during the hearing, the respondent requested that the application be dismissed for having no reasonable prospect of success.
The Tribunal found that the applicant failed to establish any causal connection between her alleged disability and the work-related misconduct for which she was disciplined and terminated.
The application was dismissed.
Human rights application allowed to proceed despite 24-day delay due to good faith reliance on incorrect legal advice.
The applicant filed a human rights application 24 days after the expiry of the one-year limitation period under s. 34(1) of the Human Rights Code.
The respondents requested the application be dismissed for delay.
The Tribunal found that the applicant's delay was incurred in good faith under s. 34(2) because he had sought timely advice from the Human Rights Legal Support Centre, which incorrectly advised him of the limitation deadline based on his retirement date rather than the date of the last discriminatory incident.
Finding no substantial prejudice to the respondents, the Tribunal allowed the application to proceed.
