Alison A. Thornton

The applicant requested reconsideration of a previous Tribunal decision that dismissed her application regarding her termination.

The applicant argued that the adjudicator misapprehended the Supreme Court's reasoning in Figliola.

The Tribunal found that the applicant was attempting to re-argue her case and failed to establish any of the threshold criteria under Rule 26.5 to justify reconsideration.

The request for reconsideration was denied.

The applicant filed a human rights application alleging discrimination on the basis of sex and family status, claiming the respondent failed to accommodate her pregnancy-related illness and subsequently terminated her employment as a reprisal for taking pregnancy leave.

The respondent brought a preliminary request to dismiss the application under section 45.1 of the Human Rights Code, arguing the substance of the application had already been dealt with in a prior Employment Standards Act proceeding before the Ontario Labour Relations Board, where the applicant was successful.

The Tribunal found that the termination and reprisal allegations were appropriately dealt with in the OLRB proceeding and dismissed those parts of the application.

However, the Tribunal held that the allegation of failure to accommodate was not dealt with by the OLRB and could proceed, finding it was not out of time as it formed part of a series of incidents with the termination.