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Human rights application dismissed for lack of jurisdiction due to ongoing civil proceeding for same infringement.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability.
He had also commenced a civil action for wrongful dismissal in which he specifically claimed damages for discriminatory treatment under the Human Rights Code.
The Tribunal held that section 34(11) of the Code bars an application where a civil proceeding has been commenced seeking remedies for the same alleged Code infringement arising out of the same factual context.
The application was dismissed for lack of jurisdiction.
