The applicant filed a human rights application alleging discrimination in employment on the basis of ethnicity, claiming he was terminated due to his ethnicity and union activities.
The respondents requested early dismissal for delay and because a concurrent unfair labour practice application before the OLRB dealt with the same substance, or alternatively, deferral.
The Tribunal denied the request to dismiss for delay, finding the application was filed within one year of the last alleged event.
The Tribunal also denied the request to dismiss under section 45.1 as premature since the OLRB proceeding was ongoing.
However, the Tribunal ordered the deferral of the application pending the conclusion of the OLRB proceeding to avoid inconsistent decisions.