The Ontario Divisional Court confirmed in Gill v. Human Rights Tribunal of Ontario,
2014 ONSC 1840 that there was no need for the Human Rights
Tribunal to conduct a full hearing into a human rights complaint
that had no reasonable possibility of success based on the
Board's prior jurisprudence.
The applicant alleged that he had suffered age discrimination
when he was forced to retire from his position as a suppression
firefighter at age 60 in accordance with a mandatory retirement
provision in the collective agreement governing his employment.
Tribunal jurisprudence involving a different municipality had
upheld the collective agreement provision as a bona fide
occupational qualification based upon the risk of cardiac events
for firefighters some 14 months prior to the applicant's
enforced retirement. That decision concluded that mandatory
retirement was reasonably necessary to ensure the health and safety
of firefighters and that accommodation of individual firefighters
would result in undue hardship.
The Tribunal was justified in following its summary hearing
procedure to dismiss this application where the applicant had
failed to demonstrate, at a level beyond speculation, that the
result in his case would differ from the prior result.
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The arbitrator's decision covered a number of issues including whether the termination was appropriate and whether the City had breached the grievor's human rights. The following, however, will focus on the privacy issue raised.
In my December 15, 2016 article, Federal Government's Cannabis Report: What does it mean for employers?, I noted the Report's1 suggestion that there was a lack of research to reliably determine when individuals are impaired by cannabis.
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