The employer brought two preliminary motions in a grievance arbitration concerning the grievor's surplus and layoff.
The first motion sought to dismiss the union's claim of prohibited discrimination under the Human Rights Code for failing to disclose a prima facie case.
The second motion sought to restrict the scope of evidence to events occurring after the departure of the grievor's former manager, or alternatively, to exclude evidence of a 2005 assessment report.
The Grievance Settlement Board granted the first motion, finding that the pleaded facts did not support an inference that the employer perceived the grievor to have a disability.
On the second motion, the Board applied its three-year 'rule of thumb' for evidentiary scope, restricting evidence to events within three years of the grievance filing, but permitted the 2005 assessment report to be entered as an exhibit without hearing evidence regarding its accuracy or implementation.