I prefer the evidence of Ms. Buchanan and Ms. Nichols that they hired an individual in December 2008, on a vary casual or temporary basis, after the applicant's employment was terminated. I find that their evidence was consistent with each other. . .
I find that the decision to terminate the applicant's employment was related to market conditions and a lack of business at the Hazelton Lanes branch, and the applicant's disability was not a factor in the decision to terminate her employment. The applicant did not dispute that her workplace was not busy. In addition, the applicant agreed in cross examination that, when she went on leave, the respondents did not have any work for her beyond September 22, 2008.
The Tribunal's jurisdiction is based on the Code, which prohibits discrimination in the areas of accommodation, services, goods and facilities, employment, contracts and membership in vocational associations, on the basis of grounds listed in the Code. Neither the Application nor the applicant's submissions suggest a connection between the applicant's allegations and any of the grounds identified in the Code. The Tribunal does not have a general power to inquire into claims of unfairness or wrongdoing outside those areas or grounds
The Tribunal does not have a general power to inquire into claims of unfairness outside the grounds listed in the Code. The applicant has not identified any ground of discrimination or basis upon which he alleges that the Code was violated. I find that the Application does not raise matters which the Tribunal has the power to decide.
(3) Every person has a right to be free from,
(a) a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome