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Application against benefits administrator dismissed as Tribunal lacks jurisdiction to review fairness of benefits decisions.
The applicant filed human rights applications alleging discrimination on the basis of disability against his employer and Morneau Sheppell, the administrator of the employer's sick leave claims.
Morneau Sheppell requested a summary hearing to dismiss the application against it, arguing the applicant could not demonstrate adverse treatment based on disability.
The Tribunal found that it lacks jurisdiction to review the correctness or fairness of benefits plan decisions unless there is a connection to a Code-protected ground.
As the applicant provided no evidence connecting the alleged adverse treatment to his disability, the application against Morneau Sheppell was dismissed for having no reasonable prospect of success.
