Can an arbitrator determine that conduct in 2006 in relation to disability was discriminatory?

The arbitrator noted the applicant’s grievance allegations did not include that she was not accommodated in her employment, nor did the applicant ask that the arbitrator determine whether conduct in 2006 violated her Code rights. He stated the only allegation before him was whether the corporate respondent’s conduct in the events leading up to and including her termination was motivated by a desire to get rid of the applicant because of her disability. More specifically, the arbitrator noted at paragraph 168 of his award, reported as Toronto Sun v. Unifor Local 87-M, 2014 CanLII 22359 (ON LA) (the “arbitration decision”), that he considered this alleged desire to be an allegation of discriminatory conduct and therefore he also would determine the issue of whether or not the corporate respondent violated the applicant’s rights under the Code.