3 total
Human rights application partially dismissed under s. 45.1 as WSIAT appropriately dealt with employability allegations.
The applicant filed a human rights application alleging discrimination based on disability by the Workplace Safety and Insurance Board (WSIB).
The Tribunal held a preliminary hearing to determine whether the application should be dismissed under s. 45.1 of the Human Rights Code, as the applicant had also appealed WSIB decisions to the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
The Tribunal found that the WSIAT had appropriately dealt with the substance of the applicant's allegations regarding his employability and participation in Work Transition Services, and dismissed those claims.
However, the Tribunal allowed the application to proceed regarding the allegation that the WSIB failed to accommodate the applicant's request to communicate through his legal representative, as this issue was not addressed by the WSIAT.
Requests to dismiss human rights application summarily and for delay denied as evidence is required.
The respondent requested a summary hearing to dismiss the application under section 45.1 of the Human Rights Code, arguing it had no reasonable prospect of success and was dealt with in a prior grievance.
The respondent also sought to dismiss certain allegations for delay.
The Tribunal denied the requests, finding that a grievance not referred to arbitration is not a prior proceeding under section 45.1.
The Tribunal also held that determining whether the older allegations formed part of a series of incidents required hearing evidence.
Human rights application deferred pending conclusion of concurrent WSIB appeals regarding workplace accommodation.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability against his employer and the WSIB, relating to the suitability of an accommodated position and loss of earnings benefits.
The respondents requested that the application be dismissed or deferred pending the outcome of ongoing WSIB appeals.
The Tribunal denied the employer's premature request for production of the WSIB file.
The Tribunal ordered the deferral of the human rights application, finding significant factual and legal overlap between the application and the concurrent WSIB proceedings.
