Dana Fuller

The applicant alleged that the respondent reprised against her in employment contrary to the Human Rights Code after she complained about a delayed pay cheque.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The Tribunal found that the applicant's concerns related to the unreliability of pay cheques and the threat of job loss, which do not constitute discrimination or reprisal under the Code.

The application was dismissed for lack of jurisdiction.

The respondents requested that the human rights application alleging reprisal in employment be dismissed under section 45.1 of the Human Rights Code, arguing that a prior Employment Standards Act (ESA) settlement appropriately dealt with the substance of the application.

The Tribunal found that while the ESA process was another proceeding, it did not address the human rights allegations regarding late paycheques and inappropriate comments.

Therefore, the request to dismiss under section 45.1 was denied.

However, the Tribunal directed a summary hearing to determine if the application has no reasonable prospect of success, noting that the alleged inappropriate behaviour is not a prohibited ground and the reprisal allegations may lack a connection to Code-protected rights.