Michele Hamilton Mayers

The applicant, a police officer, filed a human rights application alleging discrimination on the basis of race, sex, and disability.

The Tribunal held a summary hearing to determine if the application was timely.

The Tribunal found that the allegations within the one-year limitation period had no reasonable prospect of success, and therefore the earlier incidents were not part of a series of incidents.

The Tribunal also found that the applicant's severe depression did not constitute a good faith explanation for the delay, as he was represented by counsel in related matters and could have sought advice.

The application was dismissed as untimely.

The appellant, a police officer, was transferred and had 200 hours removed from his vacation bank after an investigation into unapproved overtime.

The respondent conceded the transfers were disciplinary but had not held a hearing under the Police Services Act.

The appellant appealed to the Ontario Civilian Police Commission.

The Commission found it had jurisdiction over disguised discipline despite the lack of a first instance hearing.

It directed the Commissioner of the OPP to hold a hearing regarding the transfers, but held that the vacation bank dispute was a payroll matter to be resolved through the collective agreement grievance process.

The applicant consented to dismiss the human rights application against the respondent union, the Association de la police de l'Ontario.

As no parties objected, the Tribunal dismissed the application against the union and amended the style of cause accordingly.