When An ESA Decision Just Isn't Enough

In a recent interim decision, the Human Rights Tribunal of Ontario declined to dismiss an application on the grounds that the substance of the application was dealt with via an ESA decision rendered on the same facts.  The ESA decision had previously denied the applicant termination and severance pay under the ESA because of wilful neglect of duty.

Background:

In January 2013, the applicant advised her employer, TRQSS Inc., that she anticipated having childcare issues due to her mother falling ill. On May 1, 2013, the applicant advised that she required the day off because of these issues. The applicant also did not attend work on the following two days. The applicant was then informed that she would be considered to have resigned if she did not come in to work on May 6, 2013. The applicant failed to attend work on May 6, or the two days that followed. As per TRQSS Inc.'s Attendance Policy, the applicant was deemed to have voluntary resigned because of her