Robb A. Macpherson

The applicant alleged discrimination on the basis of disability after he was not hired for a cleaner position.

He claimed that during his second interview, he was asked an abstract question ('Is the glass half empty or half full?') which he could not answer due to his learning disability affecting his memory.

The Tribunal held a summary hearing to determine if the application had no reasonable prospect of success.

The Tribunal found that the applicant might be able to establish a link between his disability and his inability to answer the question, and therefore declined to dismiss the application, directing the respondent to file a Response.

The respondent requested that the human rights application be dismissed as untimely, arguing that its records showed the only incident between its security personnel and the applicant occurred outside the one-year limitation period.

The applicant maintained the incident occurred within the limitation period.

The Tribunal dismissed the request, finding that the material dispute of fact regarding when the incident occurred could not be resolved at a preliminary stage, as it was not plain and obvious that the application was untimely.