3 total
Employer ordered to produce complainant-witness communications subject to strict confidentiality conditions.
In a discharge grievance, the union sought production of certain documents.
The arbitrator ordered the employer to produce all communications between the complainant and any other witnesses or potential witnesses, including two individuals on a bus on February 4, 2024.
The production was made subject to strict confidentiality conditions, including redaction of identifying information and destruction of documents at the conclusion of the proceedings.
Human rights applications against union and WSIB dismissed under s. 45.1 and for no reasonable prospect of success.
The applicant filed human rights applications against his employer, his union, a union representative, and the WSIB, alleging discrimination based on disability.
The Tribunal held a summary hearing to determine whether the application against the union and its representative should be dismissed under s. 45.1 of the Code, as the applicant had previously filed an unsuccessful duty of fair representation complaint with the OLRB based on the same facts.
The Tribunal found that the OLRB proceeding appropriately dealt with the substance of the human rights allegations and dismissed the application against the union respondents.
The Tribunal also dismissed the application against the WSIB, finding it had no reasonable prospect of success as it merely challenged a benefits decision without raising a valid Code violation.
Personal respondent removed and application amended to include place of origin and ancestry for language claims.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability and record of offenses, specifying 'language' under the latter.
The respondent requested the removal of the personal respondent, arguing his actions were in the course of employment and no direct allegations were made against him.
The Tribunal granted the request, removing the personal respondent.
Additionally, the Tribunal deemed the application amended to include 'place of origin' and 'ancestry' to properly capture the applicant's language discrimination claims, subject to any objections from the parties.
