The respondent employer requested to defer the applicant's human rights application pending the outcome of an ongoing workplace grievance and arbitration process.
The grievance, filed by the applicant's bargaining agent, involved the same core issue of an alleged failure to accommodate the applicant's disability.
The Tribunal granted the deferral, noting that grievance arbitrators have the power and responsibility to enforce human rights obligations, and deferral avoids adjudicative duplication and the risk of inconsistent decisions.
