4 total
Human rights application deferred pending completion of concurrent grievance proceeding regarding seniority calculation.
The applicant filed a human rights application alleging reprisal and discrimination in employment on the basis of sex regarding the calculation of her seniority hours, including during a pregnancy-related absence.
The respondent requested that the application be deferred because a concurrent grievance proceeding was dealing with the same facts and issues.
The Tribunal found that there was substantial overlap between the application and the ongoing grievance, and deferred the application to avoid conflicting findings of fact and duplication of proceedings.
Human rights application alleging discrimination and reprisal over wage overpayment collection dismissed summarily.
The applicant, a nurse on disability leave, alleged that the respondent hospital discriminated against her on the basis of mental disability by attempting to collect an overpayment of wages while she was off work.
She also alleged reprisal after the respondent sent her debt to a collection agency.
The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success.
The duty to accommodate does not require an employer to forego collecting wages paid in error, and the applicant failed to establish that she had claimed rights under the Code or that the collection action was retaliatory.
Human rights application deferred pending resolution of concurrent workplace grievances on the same facts.
The applicant filed a human rights application alleging discrimination in employment on the basis of race and sex.
The Tribunal issued a Notice of Intent to Defer because the applicant had concurrent workplace grievances covering the same subject matter.
Despite the applicant's opposition, the Tribunal found that deferral was appropriate to avoid concurrent proceedings and the risk of inconsistent findings.
The application was deferred pending the conclusion of the grievance proceedings.
Request for interim remedy to halt workplace discipline denied; balance of harm did not favour applicant.
The applicant filed a human rights application alleging workplace harassment and discrimination based on race, ancestry, place of origin, citizenship, ethnic origin, and age.
He subsequently filed a Request for Interim Remedy seeking an order to stop the respondents from disciplining him, alleging reprisal.
The Tribunal denied the interim remedy, finding that the applicant failed to establish that the balance of harm favoured granting the request, as the Tribunal could reinstate and compensate him if a Code violation was ultimately found.
The Tribunal also granted the union's request to intervene and issued procedural directions regarding the addition of a corporate respondent and service on a former employee.