2 total
Human rights application deferred pending conclusion of concurrent grievance arbitration proceeding.
The applicant filed a human rights application alleging workplace harassment and discriminatory discipline.
The applicant also filed grievances with his union regarding the same issues, which were referred to arbitration.
The respondent requested that the Tribunal defer the application pending the conclusion of the grievance arbitration.
The Tribunal granted the request, finding considerable overlap between the proceedings and noting that grievance arbitrators have the responsibility to enforce human rights statutes.
Tribunal accepts self-represented applicant's non-compliant Reply as an amendment to the Application to avoid delay.
The respondent requested an order to remove an individual respondent named for the first time in the self-represented applicant's Reply, and to strike the Reply as an abuse of process.
The Tribunal noted that a party cannot be unilaterally added in a Reply, meaning the personal respondent was never properly added.
Adopting a flexible approach for self-represented parties, the Tribunal declined to strike the pleadings or require refiling.
Instead, it accepted the Reply and the applicant's Form 11 as amendments to the Application and granted the respondent time to file responding submissions.
