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The case addresses a claim by a foreign worker who states that his employer discriminated against him on the basis of citizenship, disability, and race. The employee, a citizen of Trinidad, was in Canada under a temporary worker permit granted by the federal government’s pilot project for occupations requiring low levels of formal training. The worker states that his employer improperly provided him low wages, denied him health insurance, did not provide him with certain safety equipment, and ultimately terminated his employment shortly after he became injured.

The employee asked for the Tribunal to adjourn a scheduled hearing on the basis that he did not have status to travel to Canada. The Tribunal’s normal practice is to require that all parties attend in person in order to be available to present their case and to be available for cross-examination. Exceptions to the requirement are generally dealt with on a case-by-case basis. The employer took the position that the matter should not be adjourned. The Tribunal however allowed the adjournment in order to provide the former employee with an opportunity to apply for approval to come to Canada to attend at the Tribunal. -