Michael Horvat

The applicant, a practicing Christian who observes weekly and High Sabbaths, alleged that his employer and union discriminated against him on the basis of creed.

He claimed the employer was required to provide paid leave for his High Sabbaths and that the union failed to negotiate such leave or pursue his grievance.

The Tribunal dismissed these claims, finding that the duty to accommodate does not require employers to pay wages for time not worked.

However, the Tribunal found that the employer's Attendance Recognition Program, which disqualified the applicant from perfect attendance bonuses due to his unpaid religious absences, constituted adverse effect discrimination.

The employer was ordered to pay $2,000 for injury to dignity and to revise the program.

The applicant, a production worker, suffered an ankle injury and was placed on modified duties.

After his recovery period extended beyond the expected timeframe, the respondent conducted video surveillance which showed a discrepancy between his physical abilities at work and outside of work.

The respondent suspended and later terminated the applicant for misrepresenting his medical condition.

The Tribunal dismissed the human rights application, finding that the respondent had accommodated the applicant and that the termination was based on the misrepresentation, not the applicant's disability.

The grievor, a casual employee at the LCBO, was progressively disciplined and ultimately discharged for repeatedly failing to work scheduled shifts due to conflicts with her full-time employment at a long-term care facility.

The union grieved the discipline and discharge, arguing that the employer's minimum availability requirement was unreasonable and that the employer failed to accommodate the grievor's schedule.

The Grievance Settlement Board dismissed the grievances, finding that the employer's minimum availability rule was a reasonable exercise of management rights under the collective agreement and satisfied the KVP test.

The Board held that the employer had just cause to discipline and discharge the grievor for her culpable failure to report to work as scheduled, and declined to substitute a lesser penalty.

The applicant, a security guard, alleged discrimination based on ethnic origin and accent after being transferred at the request of the LCBO.

In this interim decision, the Tribunal removed the personal respondent, as the corporate respondent accepted vicarious liability.

The Tribunal declined to add the union as a party but added the applicant's employer, G4S, as a respondent.

The Tribunal also dismissed the LCBO's requests to dismiss the application for lack of a prima facie case and as an abuse of process, finding that the broad interpretation of employment could encompass the relationship between the applicant and the LCBO.

The grievor, a cashier with 17 years of service, was terminated for theft after failing to ring in a $50.05 bottle of vodka and allegedly pocketing the $50.00 paid by the customer.

The grievor claimed he found the money under the counter and forgot to put it in the safe, only remembering when he pulled out his cell phone later.

The Grievance Settlement Board rejected the grievor's explanation, finding based on cell phone records and witness testimony that he only attempted to return the money after being tipped off about a customer complaint.

Given the finding of theft and the grievor's lack of honesty or remorse, the Board upheld the termination and dismissed the grievance.

The parties sought preliminary direction on the evidentiary effect of the grievor's criminal acquittal for aggravated assault on the basis of self-defence.

The grievor had been discharged following a workplace altercation where he inflicted a knife wound on a coworker.

The Union argued it would be an abuse of process to relitigate the criminal court's findings that the grievor acted in lawful self-defence.

The Employer argued the lower civil standard allowed it to prove just cause for discharge.

The Vice-Chair ruled that the parties cannot introduce evidence that contradicts the essential findings of fact made by the criminal court, specifically that the coworker unlawfully assaulted the grievor and the grievor reasonably feared serious injury and believed he could not otherwise save himself.

The union grieved the employer's failure to appoint the grievor to a Building Maintenance Mechanic position, arguing he was the most senior qualified candidate.

The union brought a motion for production of the successful candidates' personnel files and their interview questions and answers.

The employer opposed, arguing the documents were not relevant.

The Grievance Settlement Board granted the motion, finding the documents were arguably relevant to establishing the threshold qualifications set by the employer and the grievor's own qualifications.

The Union grieved the dismissal of a probationary Programmer Analyst, alleging a violation of the collective agreement's just cause provision.

The grievor was hired for an intermediate-level position but demonstrated significant performance deficiencies and a lack of basic programming skills during his probationary period.

The Grievance Settlement Board applied the Bell standard for probationary employees, finding that the Employer provided a fair and reasonable orientation, communicated performance expectations, provided reasonable assistance, and gave the grievor an opportunity to improve.

The Board concluded that the Employer's decision to terminate the grievor for failing to meet the expected standards was reasonable and established just cause.

The grievance was dismissed.

The applicant employer filed an application under section 100 of the Labour Relations Act, 1995, alleging that the responding union and its officials engaged in an unlawful strike.

The parties reached a Memorandum of Settlement in which they agreed that any work refusal or slowdown contrary to the Act is unlawful and that the union would take immediate steps to end such activity.

Based on the consent of the parties, the Board terminated the proceedings.