The respondent requested the dismissal of an application alleging employment discrimination based on disability, arguing that the applicant had commenced a civil action based on the same facts.
The Tribunal found that the civil action was a claim for breach of contract and did not seek remedies for an alleged breach of the Human Rights Code.
Consequently, section 34(11) of the Code did not apply to bar the application.
The respondent's request for dismissal was denied, and it was ordered to file a full response.
