22 total
Pre-2005 discrimination allegations dismissed as out of time; post-2005 allegations proceed and amendments allowed.
The applicant, a police officer, filed a human rights application alleging sex discrimination dating back to 2002, including allegations related to maternity leaves taken after 2005.
The respondent requested dismissal of the pre-2005 allegations as out of time, and dismissal of other allegations on the basis that they were appropriately dealt with in grievance proceedings.
The Tribunal found that the pre-2005 allegations were not part of a series of incidents with the post-2005 allegations and dismissed them as out of time.
The Tribunal declined to dismiss the application under section 45.1, finding the grievances did not appropriately deal with the substance of the application.
The Tribunal also granted the applicant's request to amend the application to include recent allegations of discrimination and reprisal.
Summary hearing request to dismiss human rights application for delay and no reasonable prospect of success denied.
The applicant, a child with Autism Spectrum Disorder, alleged discrimination in services after being discharged from an Intensive Behavioural Intervention program.
The respondent requested that the application be dismissed at a summary hearing, arguing it was filed outside the one-year limitation period and had no reasonable prospect of success.
The Tribunal found the applicant's delay was incurred in good faith without substantial prejudice to the respondent.
The Tribunal also concluded that the allegations, if true, could not be dismissed for having no reasonable prospect of success without hearing evidence.
The respondent's request to dismiss the application was denied.