Stephen Bernardo

The applicant sought to re-activate a human rights application alleging failure to accommodate a disability, which had been deferred pending a union grievance.

The grievance arbitration had previously dismissed the accommodation claim, finding the employer incapable of accommodating the applicant.

The Tribunal dismissed the application under section 45.1 of the Human Rights Code, finding that the substance of the application was identical to the grievance and had been appropriately dealt with by the arbitrator.

The applicant filed a human rights application alleging discrimination based on race, age, and disability.

The respondents sought to dismiss the application under s. 45.1 of the Human Rights Code, arguing the substance had been dealt with in a prior labour arbitration.

The Tribunal found that the age and disability allegations were appropriately dealt with by the arbitrator and dismissed them under s. 45.1.

Although the racial discrimination allegations were not raised before the arbitrator, the Tribunal dismissed them as an abuse of process, noting the initial grievance was broad enough to encompass them and the applicant provided no cogent explanation for failing to pursue them at arbitration.

The applicant alleged discrimination and harassment in his employment on the basis of race, ancestry, place of origin, and ethnic origin.

He claimed his supervisor made derogatory comments about his English proficiency and that he was unfairly demoted during a bumping process.

He also alleged a co-worker made a racially offensive comment.

At the close of the applicant's case, the respondent requested the application be dismissed for failing to establish a prima facie case.

The Tribunal found the applicant failed to provide sufficient evidence to support his allegations and dismissed the application.