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Tribunal dismisses untimely accommodation claims but allows harassment claims to proceed despite withdrawn union grievances.
The applicant, who has multiple sclerosis, filed a human rights application alleging failure to accommodate, harassment, and reprisal by her employer and supervisor.
The respondents sought early dismissal, arguing the accommodation claims were out of time and the remaining claims were barred under section 45.1 of the Human Rights Code because the applicant's union had previously filed and withdrawn grievances regarding the same issues.
The Tribunal found the accommodation claims were out of time and dismissed them.
However, the Tribunal refused to dismiss the harassment and reprisal claims under section 45.1, finding that the union's withdrawal of the grievances without prejudice did not constitute a final resolution of the issues.
