24 total
Human rights application deferred pending outcome of concurrent workplace grievance-arbitration process.
The applicant filed a human rights application alleging discrimination on the basis of disability in employment.
The Tribunal issued a Notice of Intent to Defer the application pending the outcome of an ongoing workplace grievance-arbitration process between the applicant and the respondent.
The respondent and the applicant's bargaining agent agreed with the deferral, while the applicant made no submissions.
The Tribunal deferred the application to avoid adjudicative duplication, noting that the grievance was virtually identical to the subject matter of the application.
Request to defer denied as grievance was withdrawn; union granted intervenor status.
The applicant filed a human rights application alleging workplace harassment.
The respondent requested that the application be deferred pending the outcome of an ongoing workplace grievance arbitration process.
The applicant's union, CUPE, subsequently withdrew the grievance and requested intervenor status in the human rights proceeding.
The Tribunal denied the request to defer because there was no longer an ongoing grievance proceeding.
The Tribunal granted the union's request to intervene, noting that a bargaining agent generally has an interest in a human rights application brought by an employee it represents.
Human rights application dismissed under s. 45.1 as prior arbitration appropriately dealt with the substance.
The applicant, a paramedic, filed a human rights application alleging discrimination on the basis of disability after his employment was terminated by two separate employers for failing to reactivate his certification.
Prior to the application, the applicant's union grieved one of the terminations, and an arbitrator dismissed the grievance, finding no prima facie case of discrimination linking his alleged disability to his failure to recertify.
The respondents requested an early dismissal of the human rights application under s. 45.1 of the Code.
The Tribunal granted the request, finding that the arbitrator's decision appropriately dealt with the substance of the application against both employers, and dismissed the application.
Human rights application deferred pending completion of concurrent union grievance proceedings.
The applicant filed a human rights application alleging failure to accommodate and termination based on disability.
The respondent and the union requested that the application be deferred pending the completion of two related union grievances based on the same facts and human rights issues.
The Tribunal granted the deferral, noting the substantial overlap between the proceedings and the authority of grievance arbitrators to decide human rights claims.
