FAQ's Cases - Stewart McKelvey

More documents

Recommendations

Info

APPEARANCES)Tony Lagana, Applicant ) Self-represented))Saputo Dairy Products ) Ranjan Agarwal,Canada G.P., ) CounselRespondent ))2012 HRTO 1455 (CanLII)2
[1] The applicant has filed two Applications under the Human Rights Code, R.S.O.1990, c. H.19 as amended, (the “Code”). Application TR-0419-09 was a complaintoriginally filed with the Ontario Human Rights Commission on November 19, 2007. Thiscomplaint was brought before the Tribunal through an Application made under section53(5) of the Code. This Application alleges discrimination in employment on the basisof disability and age and focuses on the applicant’s employment during the period Aprilto December 2007.[2] Application 2008-00897-I is an Application filed under section 34 of Part IV of theCode on December 8, 2008. This Application alleges that the termination of theapplicant’s employment on December 10, 2007 was in reprisal for the applicant havingfiled Application TR-0419-09.2012 HRTO 1455 (CanLII)[3] In an Interim Decision dated November 17, 2009, 2009 HRTO 1943, the Tribunaldetermined that these two Applications would be heard together. In an Interim Decisiondated January 26, 2010, 2010 HRTO 155, the Tribunal removed the named personalrespondents from both Applications and amended the style of cause for bothApplications to make Saputo Dairy Products Canada G.P. the sole respondent.[4] At the hearing I heard testimony from the applicant and three witnesses for therespondent, Pat Roehl, Frank Zbaraschuk, and Rob Castellano. I heard detailedevidence about a series of events that took place during the period April to December2007. I also had extensive documentary evidence before me including medicaldocumentation related to the applicant’s disability, return to work plans, case notesrecorded by the applicant’s Workplace Safety and Insurance Board (WSIB) claimsmanager and correspondence exchanged between the applicant and respondent. Bothparties submitted case law for my consideration. Both parties provided oral and writtensubmissions.[5] Both parties agreed with the basic chronology of events in this case. I havereferenced the respondent’s submissions to set out this chronology and otheruncontested background information.3
Page 1 and 2:
The Labour Relations BoardSaskatche
Page 3 and 4:
3unionized workforce at their plant
Page 5 and 6:
5[15] In addition, there was some h
Page 7 and 8:
7Employee “D”: He was on his pr
Page 9 and 10:
9[37] The Board did not have the be
Page 11 and 12:
11[48] Shortly after Mr. Copeland b
Page 13 and 14:
13credible reason for the disciplin
Page 15 and 16:
15outlined by the Board in RWDSU v.
Page 17 and 18:
173. Order for captive audience mee
Page 19 and 20:
19for his failure to produce the wi
Page 21 and 22:
21[95] Similarly as noted in the qu
Page 23 and 24:
23[103] Also, in The Newspaper Guil
Page 25 and 26:
25rights under the Act. The Employe
Page 27 and 28:
27The determination of whether, in
Page 29 and 30:
29respect to the section of the Alb
Page 31 and 32:
31meetings, would have been within
Page 33 and 34:
33[143] In respect of the complaint
Page 35 and 36:
- 2 -[2] The plaintiff, Susan Chart
Page 37 and 38:
- 4 -by the time she finished there
Page 39 and 40:
- 6 -[24] Testimony was received fr
Page 41 and 42:
- 8 -would feel grateful for the fo
Page 43 and 44:
- 10 -[49] 2. Comfortable, even tem
Page 45 and 46:
- 12 -[67] Another complaint was th
Page 47 and 48:
- 14 -bottom of the problem and the
Page 49 and 50:
- 16 -member about something amusin
Page 51 and 52:
- 18 -[111] Given that the meeting
Page 53 and 54:
- 20 -[130] Some of the plaintiff
Page 55 and 56:
- 22 -[146] The plaintiff’s expla
Page 57 and 58:
COURT OF APPEAL FOR ONTARIOBETWEENC
Page 59 and 60:
Page: 3[5] In his application, the
Page 61 and 62:
Page: 5(c) By the Employer at any t
Page 63 and 64:
Page: 7continuation, in the amount
Page 65 and 66:
Page: 9D. ANALYSIS[23] It is well-s
Page 67 and 68:
Page: 11[28] The appellant submits
Page 70 and 71:
Page: 14[37] When parties contract
Page 72 and 73:
Page: 16addressing the issue of a c
Page 74 and 75:
Page: 18application of mitigation:
Page 76 and 77:
Page: 202008 ONCA 479, 91 O.R. (3d)
Page 78 and 79:
Page: 22[56] Notably, the concern e
Page 80 and 81:
Page: 24termination without cause,
Page 82 and 83:
Page: 26[64] The costs on the appli
Page 84 and 85:
The parties agree this Board has th
Page 86 and 87:
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 and 138: that ensued. There is no evidence t
Page 139: HUMAN RIGHTS TRIBUNAL OF ONTARIO___
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
show all

FAQ's Cases - Stewart McKelvey

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?