Barbara Adamson

The applicant sought to reactivate his human rights application alleging discrimination and reprisal by his employer.

The respondents opposed reactivation and requested dismissal under section 45.1 of the Human Rights Code, arguing that a labour arbitrator had already dealt with the substance of the application.

The Tribunal found that the arbitrator had explicitly addressed and dismissed all of the applicant's allegations of discrimination and reprisal in a lengthy award upholding his termination.

Consequently, the Tribunal dismissed the application, noting that the applicant could not relitigate the same issues simply because he was dissatisfied with how his union presented the case at arbitration.

The applicant filed a transitional application under section 53(3) of the Human Rights Code.

The respondents raised a preliminary issue regarding whether the underlying complaint had been filed with the Ontario Human Rights Commission prior to June 30, 2008.

The Commission confirmed that the applicant had withdrawn the complaint before it was formally filed.

The Tribunal found that since no complaint was filed prior to the deadline, the applicant could not proceed under section 53(3).

The application was dismissed, with leave for the applicant to file a new application under section 34.