Tomlinson v. Runnymede Healthcare Centre, 2015 HRTO 4
The HRLSC represented a sole support parent of two young children (a two year-old and an infant) who had returned to work after maternity leave. She asked her employer to schedule her on straight day shifts as an accommodation under the Human Rights Code, on the ground of family status. The employer agreed to a period of three months, then refused when she asked for an extension of time.
The Tribunal rarely orders an interim remedy – making an order before the case has been fully heard. They did in this case because the HRLSC argued there were extremely serious consequences for the nurse and her family.
The Tribunal ordered:
- the employer to continue to schedule her on straight day shifts; and
- clarified that the “order is effective immediately and remains in effect until: the Application is concluded by way of settlement or adjudication; the applicant advises the respondent that she has obtained childcare that enables her to return to the rotating shift schedule; or, further order of the Tribunal.”
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The parties resolved the issues without a hearing.