Throughout the proceeding, the employer requested that an adverse inference be
drawn against the complainant for his failure to call his doctor or any attending physician to establish a disability.
While the court found that the employer had prima facie
discriminated against the complainant on the basis of family status, the matter was remitted to the arbitrator to determine whether the employer had met its duty to accommodate her to the point of undue hardship.
The Court further determined the Tribunal erred when it neglected to draw an adverse
inference against the complainant for not calling his doctor or any attending physician to give evidence of his alleged disability.
And maybe this is the reason that the DA's office was
so against the complainants and going public, with what they felt was criminal activity of Mr. Lafayette.
Closure Report: This Complaint is the result the Complainant being dissatisfied with the manner in which child support is calculated and stated that the Judge showed
bias against Complainant.
The tribunal ordered remedies including a reassessment of discipline
penalties against the complainants, an anti-discrimination policy, and compensation totaling $ 209,500 (with sums of lost wages to be determined).
Unimpressed with the way the complainant brought the matter forward and by his lack of truthfulness, the adjudicator made an award of
costs against the complainant personally in the same amount as the damage award.
In the event that a complaint is unsubstantiated, no reprisal should be
taken against the complainant unless there is very clear evidence that the complaint was fraudulent «made in bad faith or malicious.
Thus, it appears that even if an adverse administrative decision is
rendered against the complainant, a civil remedy may be pursued without first obtaining a favorable mandamus judgment if the complainant feels his or her complaint has not been satisfactorily addressed.
That (d) is withdrawn, since an extension of the time frame within which the CTA must deal with CCD's complaint can, under the Rules, only be extended with its consent, and substitute an order affirming that CTA lacks the jurisdiction to award
damages against a complainant, under s. 172, seeking an interim order, or
Some 71 % of respondents said cost would stop them making a complaint, while 39 % said the odds were
stacked against the complainant, 35 % did not trust the system to be independent or fair, and 29 % did not have time.
While the SCC ultimately determined that Bombardier had not
discriminated against the complainant — a pilot who was denied admission into one of Bombardier's training centres — it provided guidance and caution to employers and service providers who might feel compelled to abide by the decisions of foreign authorities.
Importantly, the Tribunal refused to draw an adverse
inference against the complainant, stating that the employer could have called the complainant's doctor if it wished to do so.
The tribunal chair awarded costs of $ 800
against the complainant.
the action of disclosing the complainant's personal information to a stranger in the litigation process (i.e., individuals at the consulting firm's office) was not directly related to the core purpose of recovering the debt through the pursuit of legal action
against the complainant.»