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Human rights application dismissed due to late reactivation request and prior OLRB finding on termination.
The applicant sought to reactivate a human rights application that had been deferred pending an Ontario Labour Relations Board (OLRB) proceeding regarding his termination.
The reactivation request was filed past the 60-day deadline, and the applicant's paralegal failed to provide sufficient medical evidence to justify the delay.
The Tribunal denied the request to reactivate.
In the alternative, the Tribunal held that the application would be dismissed under section 45.1 of the Human Rights Code because the OLRB had already determined that the sole cause of the applicant's termination was wilful misconduct, thereby precluding the human rights claims.
Allegations regarding earlier discriminatory comments were also dismissed as being out of time.
Human rights application deferred pending outcome of related OLRB review of Employment Standards Act claim.
The respondent requested that the human rights application be dismissed or deferred pending the outcome of the applicant's related claim under the Employment Standards Act, 2000, which was under review by the Ontario Labour Relations Board (OLRB).
The Tribunal declined to dismiss the application because the Employment Standards Officer's decision was not final.
However, the Tribunal ordered the application deferred, finding a significant overlap of facts and issues between the two proceedings, particularly regarding whether the applicant's age or disability were factors in his termination.
