FAQ's Cases - Stewart McKelvey

supervisor) rather than Mr. Castellano until the allegations of harassment anddiscrimination raised by the applicant were investigated and addressed.[39] On September 24 the applicant met with Mr. Zbaraschuk and Mr. Bianco todiscuss his allegations of discrimination and harassment. Mr. Zbaraschuk testified thatat this meeting the applicant stated he would never report to Mr. Castellano no matterwhat the outcome of the investigation. He testified that the applicant indicated he waswilling to report to Mr. Bianco on the day shift.[40] Mr. Zbaraschuk met with the applicant again on October 1 to discuss theapplicant’s allegations of harassment and discrimination and asked the applicant againto return to the afternoon shift. He testified that again the applicant refused to return tothe afternoon shift saying he would never work for Mr. Castellano. Mr. Zbaraschuktestified that the respondent’s goal was to return the applicant to his pre-injury positionon the afternoon shift and that placing him in a position on the day shift was not analternative that the respondent considered reasonable as it would have requireddisplacing a person on that shift.2012 HRTO 1455 (CanLII)[41] Mr. Zbaraschuk testified that consideration was given to putting the applicant inanother position. He testified that in October the applicant was told about two full timewarehouse positions that were becoming available that the applicant could compete for.Mr. Zbaraschuk testified that the applicant told him these positions were not appropriateas he still required modified duties. Mr. Zbaraschuk testified that he was surprised bythis as the applicant’s July 25 function abilities form and the Humber River HospitalAugust 16 assessment suggested that the applicant would have been able to return tofull time duties by October.[42] In a letter dated December 3, 2010 Mr. Zbaraschuk advised the applicant of hisinvestigation findings. Mr. Zbaraschuk advised the applicant that based on theinterviews he conducted with staff that the applicant’s allegations of discrimination andharassment were unfounded and that there was no evidence to support the applicant’scontention that he brought these allegations of discrimination and harassment to Ms.12