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Summary dismissal denied; applicants' claims regarding worksite drug testing policy allowed to proceed.
The applicants, who were employed by contractors at the respondent's worksite, alleged discrimination with respect to employment because of disability.
The respondent requested that the applications be dismissed at a summary hearing for having no reasonable prospect of success, arguing that the applicants were removed from the worksite for failing to comply with its drug and alcohol policy.
The Tribunal found that the applications could not be dismissed at this preliminary stage, as the applicants' allegations regarding the circumstances of the testing requests could potentially shift the burden to the respondent to explain its actions.
The Tribunal also found merit in the argument that the respondent's policy affected the applicants' employment, despite the respondent not being their direct employer.
