Human rights application barred under s. 34(11) due to ongoing civil action pleading Code violations.
The applicant filed a human rights application alleging discrimination on the basis of disability after being required to terminate her employment to receive long-term disability benefits.
Prior to the application, she commenced a wrongful dismissal action in the Superior Court of Justice that explicitly pleaded and relied upon the Human Rights Code.
The respondent requested that the application be barred under s. 34(11) of the Code.
The Tribunal found that the civil proceeding dealt with the same allegations and subject matter, and that the omission of a specific request for an order under s. 46.1 in the civil claim did not prevent the application of the s. 34(11) bar.
The application was dismissed for lack of jurisdiction.
Human rights application dismissed; termination was based on poor performance and insubordination, not ethnic origin.
The applicant, a bilingual customer service agent from Rwanda, alleged discrimination in employment on the basis of ethnic origin after his employment was terminated.
He claimed that a series of workplace incidents, including a vacation request dispute, changes to the phone recording system, and disciplinary warnings, were motivated by his ethnic origin.
The Tribunal found no evidence connecting the respondents' actions to the applicant's place of origin.
The evidence demonstrated that the termination and prior disciplinary actions were based on the applicant's poor performance, insubordination, and failure to follow instructions, including a serious customer service failure involving a major client.
The application was dismissed.