FAQ's Cases - Stewart McKelvey

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context of a discussion about recent internal job postings for a warehouse clerk and asalesperson with the applicant believing Mr. Castellano had some authority to help theapplicant get these jobs with Mr. Castellano explaining that he did not. Mr. Castellanodenied having made the comment “what do you think the company will hand you a jobbecause you are hurt” and a comment in response to the applicant bringing a medicalnote and asking the applicant if he believed that the respondent would provide lightduties forever.[82] Mr. Castellano testified that the whole tenor of his conversation with the applicantwas his trying to console the applicant who was distressed about the fact that he had aninjured back, was worried about his future and was feeling dejected and depressed. Mr.Castellano estimated that the meeting lasted for two hours.2012 HRTO 1455 (CanLII)[83] It is difficult to determine what exactly took place during this meeting. It isentirely possible, in my view, that during this conversation the applicant did complainabout his work and that Mr. Castellano tried to console the applicant who wasexpressing concerns about his injured back and his future. I find it significant that themeeting on May 22 was at least an hour in duration which supports, in my view, that itwas a broad ranging conversation addressing multiple issues.[84] However, ultimately I do not find the applicant’s claim that he was harassedduring this conversation to be credible. To begin with I am not prepared to accept theapplicant’s verbatim recollections of the conversation and the alleged harassingcomments that he recorded in a letter to Mr. Zbaraschuk four months later onSeptember 24, 2007 and which I have quoted above. In my view these are more likelyapproximations of comments the applicant identifies as occurring. Moreover, theapplicant has not shown how a number of these alleged harassing comments wouldconstitute harassment under the Code. It is not clear, for example why Mr. Castellanosuggesting that the applicant may have hurt his back at home or suggesting that theapplicant would be better off working as a landscaper or making a comment about theapplicant not meeting a work quota constitutes harassment under the Code. Commentsto the effect that Mr. Castellano may not have wanted to hire the applicant because he26
is older, or believed that the applicant was exaggerating the nature of his injury or thatMr. Castellano was unwilling to continue to accommodate the applicant can moreclearly be considered to be harassing in nature.[85] However, I find Mr. Castellano’s testimony about the general tenor of theconversation on May 22 that the applicant was upset about his back and his futureprospects, and that Mr. Castellano was trying to be supportive, to be credible. I find itsignificant that, according to both, the applicant and Mr. Castellano used to be goodfriends (they socialized together) and I accept that the nature of the meeting was notconfrontational in nature.2012 HRTO 1455 (CanLII)[86] I find Mr. Castellano credible when he suggests that he believed the applicant tobe a good worker, that he did not have an issue with his age and that his commentsabout the applicant’s age arose when he was explaining the distinction between ageand seniority and its effect on the applicant’s opportunity for other jobs within thecompany. I find Mr. Castellano credible when he described the applicant as a goodworker, that the discussion about handouts had arisen in reference to other jobs theapplicant might apply for, that Mr. Castellano believed the applicant had other skills as alandscaper all to be credible. I accept Mr. Castellano’s testimony when he deniedhaving stated that he would not have hired the applicant because of his age, that hebelieved the applicant had exaggerating his injury and that he would not be able toaccommodate the applicant forever. It is possible, in my view, that Mr. Castellano couldhave said something that the applicant found difficult to accept or even offensive but Iam not prepared to find, based on the evidence before me that comments made by Mr.Castellano during the May 22 meeting comments constitute harassment or evidence ofdiscrimination on the basis of age or disability.[87] It is significant in my view that the applicant’s claims of harassment are notconfirmed by any contemporaneous record. The applicant testified that he told theWSIB case manager that he was subject to harassment by Mr. Castellano. However,this information is not recorded by the case manager in her notes. The applicantsuggests that this was because the case manager only wrote what she wanted.27
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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
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Mutter spoke. He testified he was a
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saw (or was told by the crew) Mr. K
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and heard, as well as other factors
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When viewed in that light, it is fa
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IN THE SUPREME COURT OF BRITISH COL
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Balogun v. Deloitte & Touche, LLP P
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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
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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
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Page 141 and 142: [1] The applicant has filed two App
Page 143 and 144: CHRONOLOGY OF KEY EVENTS[11] The ap
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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: “To be honest Tony I don’t know
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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