5 total
Adjournment request denied; unavailability of a single witness for a multi-day hearing is not an exceptional circumstance.
The respondent requested an adjournment of the scheduled hearing dates due to the unavailability of a main witness who had to care for her daughter following dental surgery.
The applicant opposed the request.
The Tribunal denied the adjournment, finding that the inability of a single witness to attend a multi-day hearing does not constitute exceptional circumstances under the Tribunal's Practice Direction, and that the scheduled hearing time could still be used to hear other witnesses.
Human rights application dismissed for delay as applicant failed to establish good faith explanation.
The applicant filed a human rights application on behalf of the claimant more than one year after the last alleged incident of discrimination.
The applicant argued the delay was due to the claimant's alcohol addiction and depression.
The Tribunal found no substantial evidence that the applicant, a licensed paralegal, was incapable of filing the application or that the claimant was incapable of authorizing it in a timely manner.
The Tribunal concluded there was no good faith explanation for the delay and dismissed the application.
Applicant's requests for an expedited hearing, early document production, and witness protection denied as premature.
The applicant filed an application alleging discrimination in employment on the basis of disability, record of offences, and reprisal.
The applicant brought several requests for orders during the proceeding, including requests for an expedited hearing, a Tribunal-Ordered Inquiry, early production of documents, and an order to protect prospective witnesses.
The Tribunal denied all of the applicant's requests, finding that the request to expedite did not meet the required test, the requests for inquiry and document production were premature prior to mediation, and no valid reasons were provided for the witness protection order.
The matter was directed to proceed to mediation.
Reprisal application deferred pending completion of related grievance arbitration to avoid duplicative proceedings.
The applicant filed an application alleging reprisal under the Human Rights Code.
The respondent requested that the application be deferred pending the completion of an ongoing grievance arbitration based on related facts.
The Tribunal granted the request, finding that deferral was appropriate to avoid duplicative factual and legal findings, as the issues in the application were closely related to those in the grievance and a previously deferred application.
Duty of fair representation application dismissed; union's failure to seek successful candidate's input before settling grievance not arbitrary.
The applicant filed an application alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act.
The union had investigated complaints about a job selection process and filed a grievance, which it later settled with the employer by agreeing to re-run certain positions.
The applicant, who had been successful in the initial selection process, complained that the union acted arbitrarily by not seeking his input before settling the grievance.
The Board dismissed the application, finding that the union had conducted a sufficient investigation to establish that the initial complaints were well-founded, and its failure to seek the applicant's input did not constitute a violation of the Act.
