The applicant filed a human rights application alleging discrimination based on creed and age after being terminated for refusing to work evenings and Saturdays for religious reasons.
The respondent requested that the Tribunal dismiss or defer the application because the applicant had also commenced a civil action for constructive dismissal.
The Tribunal declined to dismiss the application under section 34(11) of the Code, finding that the civil action did not seek remedies for human rights infringements.
The Tribunal also declined to defer the application, noting that the two proceedings dealt with different legal theories and the civil action was not close to resolution.
