William G. Phelps

The respondents brought preliminary motions to dismiss a human rights complaint alleging discrimination based on handicap (wrist injury).

The respondents argued the complaint should be dismissed due to unreasonable delay and because the pre-1988 Human Rights Code did not explicitly require reasonable accommodation.

The Board of Inquiry dismissed both motions, finding that a fair hearing was still possible despite the delay, and that a duty to accommodate was inherent in the pre-amendment Code's prohibition against discrimination.

The applicant requested reconsideration of a previous Board decision granting him a religious exemption from paying union dues, seeking to have the exemption apply retroactively to the date of his application.

The Board found that section 47(1) of the Labour Relations Act does not limit the scope of its orders regarding commencement dates.

Since the union and employer had notice of the application and potential liability from the outset, the Board amended its order to apply from the application date and directed the union to remit the dues collected during that period to the agreed-upon charity.