The applicant filed a human rights application alleging discrimination on the basis of family status after his employment was terminated following a one-year parental leave.
The respondent requested that the application be dismissed under s. 45.1 of the Human Rights Code, arguing that the substance of the application had already been dealt with in a prior Employment Standards Act (ESA) claim.
The Tribunal denied the request, finding that the Employment Standards Officer had not addressed whether the termination was related to the applicant's family status, and therefore the ESA proceeding did not appropriately deal with the substance of the human rights application.
