4 total
Human rights application deferred pending conclusion of concurrent workplace grievance arbitration regarding accommodation.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability, specifically that the respondent school board failed to accommodate her need for a modified schedule.
The respondent and the affected party union requested that the application be deferred because a workplace grievance regarding the same facts and human rights issues was already underway.
The Tribunal found that the grievance process pre-dated the application and was actively addressing the accommodation issues.
Applying its regular approach to concurrent proceedings, the Tribunal deferred the application pending the conclusion of the grievance arbitration process.
Tribunal directs respondent to file complete Response before considering request to defer application pending grievance.
The applicant filed an application alleging discrimination in employment on the basis of disability, specifically the failure to accommodate her need for a modified schedule.
The respondent and the applicant's union requested that the Tribunal defer the application pending the conclusion of an ongoing workplace grievance.
The Tribunal declined to consider the deferral request at this stage, directing the respondent to file a complete Response within 21 days before any preliminary matters are addressed.
Human rights application deferred pending conclusion of concurrent workplace grievance-arbitration process.
The applicant filed a human rights application alleging discrimination in employment based on disability, specifically regarding a failure to promote.
The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of an ongoing workplace grievance-arbitration process that raised substantially the same facts and allegations.
The Tribunal found that deferral was appropriate to avoid concurrent proceedings and inconsistent findings of fact and law, despite the applicant's concerns about delay in the arbitration process.
The application was deferred pending the conclusion of the grievance arbitration.
School boards may exclude exceptional pupils for safety but cannot transfer them while placement appeals pend.
The appellant, an exceptional pupil, was transferred to a different school by the school board due to safety concerns while an appeal regarding his special education placement was pending.
The appellant sought judicial review, arguing the transfer circumvented the statutory stay of his placement pending appeal.
The Court of Appeal held that while a principal may exclude an exceptional pupil from a school for legitimate safety reasons under the Education Act, the board cannot alter the pupil's placement by transferring them to a different school while an appeal is pending.
The appeal was ultimately dismissed as moot because the pupil's placement had already been finally determined by the Special Education Tribunal.
