The Tribunal partially granted a stay, pausing retaliation allegations under section 14.1 while allowing discrimination claims under section 7 to proceed in phases.
Adjudicator found on the balance of probabilities the claimant used the epithets N and F at work; the Respectful Workplace Policy was an implied term of his employment; the language breached essential conditions of the employment contract, breached the faith inherent to the work relationship and constituted wilful misconduct under s.72 of the Labour Standards Code and just cause at common law; therefore summary dismissal without notice or pay was justified and the claim was dismissed.
The court found a binding contract for Unit 37 arose when Retire West sent the February 8, 2022 contract and note, and the plaintiffs signed and returned them.
The court held Bella Valley must pay $2.02 million for the winery inventory, found Walter was wrongfully dismissed, and awarded WTJ Inc. unpaid consulting fees.
The appeal is dismissed because the appellant did not prove a severe disability by December 31, 2019 (MQP) — medical evidence shows diagnoses predating the MQP, there is no onset evidence within the prorate window (Jan 1–Feb 29, 2024), and the appellant demonstrated capacity for substantially gainful work after the MQP (employment and 2022 earnings above the substantially gainful threshold).
The Tribunal struck the Complainant’s SOP as broader than the Commission referral and ordered an amended SOP limited to the referred hiring discrimination issues.
The claimant failed to prove on the balance of probabilities that he was incapable regularly of pursuing any substantially gainful occupation by December 31, 2013 because contemporaneous 2013 medical records limited him primarily to restriction from overhead work while showing no restrictions on sitting, the MRI evidence did not establish functional incapacity at that date, later deterioration was attributable to post‑2015 events, and the claimant’s later substantially gainful earnings in 2019 (with no benevolent employer) undermined the claim of incapacity at the MQP; therefore the appeal is…
The Tribunal dismissed Stacy White’s human rights complaint, finding she did not prove a disability with a functional limitation requiring her to avoid face-to-face contact with a co-worker.
The Tribunal refused to dismiss Sebastiano Loconte’s disability complaint, finding prior WSBC, CIRB and arbitration proceedings did not clearly decide the same human rights issues.
The Federal Court granted judicial review of a work permit refusal, finding the officer unreasonably treated non-mandatory NOC requirements as mandatory.
Lmia requirements
Noc occupational requirements
Interpretation of optional vs mandatory requirements