Sheldon Kasman

The applicant, an employee of the respondent, alleged discrimination and reprisal with respect to employment because of disability, claiming a failure to accommodate.

The applicant's union requested to intervene in the application, arguing it advocated on her behalf regarding modified duties.

The applicant opposed the intervention.

The Tribunal granted the union's request to intervene, applying the presumption that a union has an interest in a human rights dispute dealing with terms or conditions of a represented applicant's work.

The respondent requested that the applicant's human rights application alleging disability discrimination be deferred pending the outcome of a civil action against a disability insurance carrier and ongoing WSIB proceedings.

The Tribunal dismissed the deferral request, finding that the civil action would not address the central issue of accommodation to the point of undue hardship, and the WSIB proceedings might not deal with the Code-related issues.

The respondent was ordered to file a full Response.