The applicant filed a human rights application alleging discrimination and reprisal on the basis of disability by his employer.
Concurrently, his union filed multiple grievances regarding the same workplace issues, including his eventual termination, which proceeded to arbitration.
The arbitrator issued an award dismissing the grievances and addressing the human rights issues.
The respondent requested that the Tribunal dismiss the application under section 45.1 of the Human Rights Code.
The Tribunal found that the arbitrator had appropriately dealt with the substance of the applicant's allegations, including the failure to accommodate and termination, and dismissed the application as an abuse of process.