Brian O'Bryne

The applicant filed a human rights application alleging that his termination was connected to a reported back disability.

The respondent requested that the application be dismissed under section 45.1 of the Human Rights Code, arguing that the issues had been fully resolved through Minutes of Settlement in a prior union grievance proceeding.

The Tribunal found that the substance of the application was before the parties when they executed the settlement, which provided the applicant with $7,000 and a favourable employment reference in exchange for a full release.

The Tribunal concluded that the prior proceeding appropriately dealt with the matter and that allowing the application to proceed would constitute an abuse of process.

The application was dismissed.

The employer filed complaints alleging the union violated the Labour Relations Act by calling an unlawful strike and breaching a prior settlement agreement.

A union business agent had instructed employees to remain in the cafeteria for 15 minutes past their break to resolve a dispute between managers.

The Board assumed a technical breach of the Act but declined to issue a remedy, noting the stoppage was brief, unpremeditated, and resolved the underlying issue.

The Board also found no clear violation of the settlement agreement.

The complaints were dismissed.