FAQ's Cases - Stewart McKelvey

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University of Ottawa, 2010 HRTO 477, at para. 6. This is not about whether theapplicant was a “good” employee; nor is it about whether the respondent TTC should orshould not have created a new position for the applicant or found some other way tokeep the applicant employed. There is insufficient evidence to find, on the balance ofprobabilities, that there was any discriminatory or Code-related basis for the respondentTTC’s decision to terminate the applicant.CONCLUSION[28] I find that the applicant did satisfy the threshold for establishing a disability. Histermination, unfortunately, coincided with the employer’s completion of its plan to adoptits usual business model.2012 HRTO 1489 (CanLII)[29] It was the respondent TTC’s view that the applicant was not disabled in anyevent. Notwithstanding that, there was no position available for the applicant as ofFebruary, 2010 regardless of whether he was fit for work or not. The decision toterminate him was simply not based upon any prohibited ground of discrimination underthe Code.DECISION[30] For all the foregoing reasons, the Application is dismissed.Dated at Toronto, this 31 st day of July, 2012.“Signed by”________________________________Kevin CleghornMember
HUMAN RIGHTS TRIBUNAL OF ONTARIO______________________________________________________________________B E T W E E N:Tony Lagana-and-Saputo Dairy Products Canada G.P.ApplicantRespondent______________________________________________________________________2012 HRTO 1455 (CanLII)DECISION______________________________________________________________________Adjudicator:Eric WhistDate: July 25, 2012File Number:TR-0419-09; 2008-00897-ICitation: 2012 HRTO 1455Indexed as: Lagana v. Saputo Dairy Products Canada G.P.______________________________________________________________________
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The Labour Relations BoardSaskatche
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3unionized workforce at their plant
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5[15] In addition, there was some h
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7Employee “D”: He was on his pr
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9[37] The Board did not have the be
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11[48] Shortly after Mr. Copeland b
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13credible reason for the disciplin
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15outlined by the Board in RWDSU v.
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173. Order for captive audience mee
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19for his failure to produce the wi
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21[95] Similarly as noted in the qu
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23[103] Also, in The Newspaper Guil
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25rights under the Act. The Employe
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27The determination of whether, in
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29respect to the section of the Alb
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31meetings, would have been within
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33[143] In respect of the complaint
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- 2 -[2] The plaintiff, Susan Chart
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- 4 -by the time she finished there
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- 6 -[24] Testimony was received fr
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- 8 -would feel grateful for the fo
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- 10 -[49] 2. Comfortable, even tem
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- 12 -[67] Another complaint was th
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- 14 -bottom of the problem and the
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- 16 -member about something amusin
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- 18 -[111] Given that the meeting
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- 20 -[130] Some of the plaintiff
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- 22 -[146] The plaintiff’s expla
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COURT OF APPEAL FOR ONTARIOBETWEENC
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Page: 3[5] In his application, the
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Page: 5(c) By the Employer at any t
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Page: 7continuation, in the amount
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Page: 9D. ANALYSIS[23] It is well-s
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Page: 11[28] The appellant submits
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Page: 14[37] When parties contract
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Page: 16addressing the issue of a c
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Page: 18application of mitigation:
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Page: 202008 ONCA 479, 91 O.R. (3d)
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Page: 22[56] Notably, the concern e
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Page: 24termination without cause,
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Page: 26[64] The costs on the appli
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The parties agree this Board has th
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Mr. Wallace. The evidence is that M
Page 88 and 89: Mr. Mutter and Mr. Wallace each tes
Page 90 and 91: Mutter spoke. He testified he was a
Page 92 and 93: saw (or was told by the crew) Mr. K
Page 94 and 95: and heard, as well as other factors
Page 96 and 97: When viewed in that light, it is fa
Page 98 and 99: IN THE SUPREME COURT OF BRITISH COL
Page 100 and 101: Balogun v. Deloitte & Touche, LLP P
Page 113 and 114: Page 2of the immediate problem that
Page 115 and 116: Page 4- He admitted that he had pla
Page 117 and 118: Page 626 26. The Grievor's conduct
Page 119 and 120: Page 8he had a problem with was fro
Page 121 and 122: Page 10supervisor. Counsel argued t
Page 123 and 124: Page 12hope to gain a financial ben
Page 125 and 126: Page 1483 83. McKinley is an import
Page 127 and 128: Page 16(iv)Has the employer attempt
Page 129 and 130: HUMAN RIGHTS TRIBUNAL OF ONTARIO___
Page 131 and 132: [1] This is an Application under se
Page 133 and 134: [10] Sean McKay also testified on b
Page 135 and 136: THE LAW[19] Section 5 of the Code p
Page 137: that ensued. There is no evidence t
Page 141 and 142: [1] The applicant has filed two App
Page 143 and 144: CHRONOLOGY OF KEY EVENTS[11] The ap
Page 145 and 146: tasks beyond his functional limits
Page 147 and 148: do what they can and that if someon
Page 149 and 150: checking summaries before stating t
Page 151 and 152: Roehl in June or to the respondent
Page 153 and 154: Section 10 of the Code defines hara
Page 155 and 156: was assigned duties that required h
Page 157 and 158: -last portion of the day he levels
Page 159 and 160: [66] I recognize that some of the c
Page 161 and 162: was made aware on May 22/07 that hi
Page 163 and 164: “To be honest Tony I don’t know
Page 165 and 166: is older, or believed that the appl
Page 167 and 168: [91] The applicant also submitted t
Page 169 and 170: steps to address allegations of dis
Page 171 and 172: this period lessening, in my view,
Page 173 and 174: [109] The respondent submits that i
Page 175 and 176: that the events of May 22 may have
Page 177: Accordingly, I am requiring the par
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FAQ's Cases - Stewart McKelvey

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