“In a human rights case, the onus is on the applicant to prove their case on a balance of probabilities that there was a violation of the [Human Rights Code] by the employer.”
So says Paulette Haynes, principal of Haynes Law Firm in Toronto, after the Ontario Human Rights Tribunal found that a fired worker’s discrimination claim had no credibility after the worker admitted to lying in an accommodation request.
The worker joined the Ontario Workplace Safety and Insurance Board (WSIB) in December 2019 as a senior change management consultant. The position was a temporary contract working on a specific project called the health services management project (HSM), which involved changing WSIB’s health management system used to register health care providers and make payments to stakeholders.
