Denise Boyce

The respondent requested that the human rights application alleging sexual solicitation and unpaid wages be dismissed under s. 45.1 of the Human Rights Code, arguing that an Employment Standards Act proceeding had appropriately dealt with the substance of the application.

The Tribunal found that while the employment standards officer's decision appropriately dealt with the claims for unpaid wages and overtime, it did not address the allegations of sexual solicitation.

The Tribunal ordered that the application could proceed with respect to the sexual solicitation allegations, but dismissed the claims for unpaid wages.

The applicant filed a human rights application alleging sexual solicitation by the respondent at his restaurant franchise.

She also filed a claim under the Employment Standards Act.

The respondent requested that the human rights application be dismissed under s. 45.1 of the Code, arguing that the parallel proceeding dealt with the substance of the application.

The Tribunal denied the request to dismiss because no decision had yet been made in the employment standards claim.

The Tribunal directed the parties to provide submissions on whether the application should instead be deferred under s. 45 of the Code.