The applicant filed a human rights application alleging discrimination and reprisal on the basis of disability and sex, approximately 19 months after the last alleged incident of discrimination.
The Tribunal held a preliminary hearing to determine if the delay was incurred in good faith under section 34(2) of the Human Rights Code.
The applicant argued the delay was due to financial difficulties, mental health issues, and the ill health of her legal team.
The Tribunal found that financial difficulties and lack of legal representation do not constitute good faith reasons for delay.
The applicant also failed to provide medical evidence for the relevant period to substantiate her claim of mental incapacity, and evidence showed she was actively pursuing other legal processes during that time.
The Tribunal concluded the delay was not incurred in good faith and dismissed the application for lack of jurisdiction.