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Human rights application against union dismissed as abuse of process due to prior settlement agreement.
The applicant filed a human rights application alleging that her union, the Ontario Nurses' Association, discriminated against her on the basis of disability by failing to accommodate her and instead negotiating a severance agreement with her employer.
The union requested that the application be dismissed as an abuse of process, arguing that the settlement agreement fully resolved the applicant's employment issues.
The Tribunal found that the applicant had agreed to the severance of her employment in exchange for monetary compensation, thereby settling her accommodation claims.
The Tribunal concluded that permitting the application to proceed would be an abuse of process and dismissed the application.
