The applicant filed a human rights application alleging discrimination in employment based on disability and age.
Subsequently, the applicant filed a Notice of Claim in Small Claims Court involving the same facts and seeking remedies for the same alleged human rights violations.
The applicant requested that the Tribunal defer the application pending the outcome of the civil action.
The Tribunal found that section 34(11) of the Human Rights Code is mandatory and removes the Tribunal's jurisdiction when a concurrent civil proceeding seeks remedies for the same alleged Code infringement.
Accordingly, the application was dismissed.
