A former dispatcher at an Ontario union, fired for harassment on the base of sex or sexuality, has had his human rights complaint dismissed by a tribunal.
The worker, RL, was a part-time dispatcher for the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786.
His employment with Local 786 began in August 2015, where his medical disabilities were accommodated with part-time work. However, a tumultuous relationship with a co-worker, LD, culminated in mutual complaints of harassment and an independent investigation.
This investigation found RL guilty of harassment on the basis of sex or sexuality. As a result, his employment was terminated on Oct. 29, 2018, following a review by Local 786’s Executive Board.
The case, initiated in August 2019, came to a head in a summary hearing held via videoconference on Nov. 15, 2023. The Human Rights Tribunal of Ontario concluded that the application had no reasonable prospect of success under the Code.
This decision rendered other issues raised in the case, including RL’s request for an extension to submit a Form 3 Reply and his conflict of interest claims against the respondent’s counsel, moot.
In his application to the Tribunal, RL failed to establish a link between his disability and the alleged discriminatory conduct. The Tribunal stressed that a mere assertion of discrimination without factual basis or evidence linking it to the Code’s protections is insufficient. The Tribunal also noted that RL’s termination was based on the findings of the harassment investigation, not his disability.
Furthermore, RL’s reprisal claims were also dismissed. The Tribunal clarified that for a reprisal claim to succeed, there must be evidence of intent to retaliate for claiming rights under the Code. He could not demonstrate this connection or intent in his case.
For more information, see Lavoie v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786, 2023 HRTO 1789 (CanLII).
