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Human rights application dismissed as barred by concurrent civil proceeding seeking remedies for Code infringements.
The applicant filed a human rights application alleging discrimination in employment.
Subsequently, the applicant commenced a civil action against the respondent that included allegations of discrimination and harassment contrary to the Human Rights Code.
The Tribunal held that the application was barred under section 34(11) of the Code because the civil claim sought remedies for Code infringements and had not been finally determined or withdrawn.
The Tribunal dismissed the application, noting it lacked jurisdiction to allow the applicant to amend the civil claim to proceed with the application.