HUMAN RIGHTS |
Hutchinson v. Canada (Minister of Environment)
T-1072-98
O'Keefe J.
26/10/00
20 pp.
Application for judicial review of CHRC decision not to appoint tribunal to adjudicate complaints of discriminatory practices in employment filed against employer, Department of Environment--In 1987, applicant diagnosed with "multiple chemical sensitivity" or "environmental illness"--Absent until 1990--Employer granting request for position to be made seasonal; trying to find locations meeting applicant's special requirements--Employer finally directing applicant to return to work using home as workplace, but applicant refused--Employer then ordered applicant to return to work at usual workplace--Applicant complied, but, hours later, filed further refusal to work form--Applicant dismissed on ground unable to perform duties of position--HRC dismissed applicant's complaint, finding employer had provided reasonable accommodation of disability--Application allowed--Applicant's second supplementary affidavit sworn to April 21, 1999 and medical report cannot properly be considered on judicial review application as neither affidavit nor report before tribunal whose decision being reviewed--Breach of procedural fairness in not disclosing information contained in respondent's response letter to investigator, and allowing applicant to respond--Also breach of procedural fairness not to send to applicant PSSRB decision critical of applicant for comment--Reference in investigator's report to applicant's filing 14 complaints before PSC irrelevant, having no place in report.