FAQ's Cases - Stewart McKelvey

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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
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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
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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
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FAQ's Cases - Stewart McKelvey

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