Micheal Klug

The applicant filed an application alleging discrimination in employment on the basis of disability.

The applicant's union requested intervenor status, which the Tribunal granted, noting that a union typically has an interest in an application brought by a member of its bargaining unit.

The applicant also requested early production of documents to determine their authenticity.

The Tribunal denied the request for production as premature, finding no exceptional circumstances to justify departing from the standard rule that production is triggered by the issuance of a Notice of Hearing.

The grievor, a field instrument technician, was declared surplus and offered a position as a senior environmental officer in the Spills Action Centre.

He declined the position, arguing he was not minimally qualified to perform the work and thus should be allowed to bump into a different position.

The union grieved, asserting the employer violated the collective agreement by offering a position the grievor could not perform.

The Grievance Settlement Board dismissed the grievance, finding that the grievor possessed the minimum competence required for the major components of the position, given his 25 years of experience, previous emergency response experience, and the prescriptive nature of the new role which included on-the-job orientation.