FAQ's Cases - Stewart McKelvey

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Commission in November 2007. The respondent made it evident to the applicant inAugust 2007 that it expected him to return to his home position on the afternoon shiftand reiterated this expectation in meetings with the applicant on September 24, andOctober 1, 2007. The respondent also indicated to the applicant during this time that itwas not prepared to assign him to a position on the day shift. I find that theseconsistently held positions explain why on December 3, 2007 the respondentcommunicated that if the applicant did not report to the afternoon shift his employmentwould be terminated. I do not find, given these circumstances, that the termination ofthe applicant’s employment can be considered reprisal for his complaint to theCommission because the evidence does not support an inference that there was anintention to reprise against the applicant.2012 HRTO 1455 (CanLII)[121] I have further considered whether the fact that the applicant raised an earliercomplaint of harassment and discrimination with the respondent contributed to therespondent’s decision to terminate the applicant’s employment. In other words did theapplicant’s efforts to pursue his rights prior to formally filing a complaint with theCommission contribute, in some measure, to the decision to terminate his employment.[122] I do not find this to be the case. In my view there is a clear and nondiscriminatoryreason for the respondent’s decision to terminate the applicant’semployment. It presented what it determined was a reasonable and appropriate returnto work plan that the applicant refused to accept. It determined that the applicant hadnot been subject to harassment or discrimination. In my view the respondent’s decisionto terminate the applicant’s employment is based solely on the applicant’s categoricalrejection of the respondent’s return to work proposal.NEXT STEPS[123] I have found that respondent violated the Code when it failed in its duty toaccommodate the applicant during the period April 23 to May 31, 2007. As a result ofmy finding, I will need to hear evidence from the parties as to the appropriate remedy.38
Accordingly, I am requiring the parties to file materials regarding remedy with theTribunal in accordance with the following schedule:Within 21 days of the date of this Decision, the applicant shall serve on therespondent and file with the Tribunal a statement of the specific remediesthat are being sought and the evidence to support those remedies;Within 14 days of receiving the applicant’s submissions, the respondentshall serve on the applicant and file with the Tribunal its response to theapplicant’s material on remedy; andWithin 7 days of receiving the respondent’s submissions, the applicantshall file any materials in reply.2012 HRTO 1455 (CanLII)[124] The parties will be contacted regarding an appropriate date for their furtherattendance on the remedial portion of this hearing.Dated at Toronto this 25 th day of July, 2012.“Signed by”_____________________________________Eric WhistVice-chair39
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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 2of the immediate problem that
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Page 4- He admitted that he had pla
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Page 626 26. The Grievor's conduct
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Page 8he had a problem with was fro
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Page 10supervisor. Counsel argued t
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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
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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
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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: that the events of May 22 may have
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FAQ's Cases - Stewart McKelvey

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