The applicant filed a human rights application alleging discrimination in employment on the basis of disability.
Her union had previously filed a grievance regarding the same underlying facts but withdrew it at mediation without the applicant's consent.
The union sought to be removed as a respondent, arguing the application against it had no reasonable prospect of success.
The employer sought to dismiss the application under section 45.1 of the Human Rights Code, arguing the grievance mediation appropriately dealt with the substance of the application.
The Tribunal dismissed the application against the union, finding no allegations of discriminatory conduct by the union.
However, the Tribunal refused to dismiss the application against the employer, holding that the union's withdrawal of the grievance over the applicant's express objections did not constitute a settlement that appropriately dealt with the substance of the human rights complaint.