The applicant filed a human rights application alleging discrimination on the basis of disability, claiming harassment, failure to accommodate, and termination while on disability leave.
The applicant also commenced a civil action in Small Claims Court seeking damages for wrongful termination, relying on a demand letter that specifically alleged violations of the Human Rights Code.
The respondent requested early dismissal of the application under section 34(11) of the Code.
The Tribunal found that the civil claim and the application raised substantially the same facts and issues, and sought similar monetary relief.
To avoid inconsistent findings and duplicative litigation, the Tribunal dismissed the application as barred by section 34(11).