Robert Whitteker

The applicant filed a human rights application alleging discrimination, which the Tribunal deferred pending the completion of related WSIB proceedings.

After the WSIB appeals process concluded due to the respondent's failure to file a confirmation of appeal, the applicant requested to re-activate the application.

Noting the completion of the WSIB proceedings and the absence of any objection from the respondent, the Tribunal granted the request to re-activate.

The applicant filed a human rights application alleging discrimination on the basis of disability after her employment was terminated following a dispute over the suitability of a modified work offer.

The applicant had an ongoing appeal before the WSIB regarding the same modified work offer.

The Tribunal found a clear overlap between the key facts and issues in the two proceedings and deferred the human rights application pending the conclusion of the WSIB proceeding to avoid duplication of evidence and inconsistent findings.