The applicant alleged discrimination based on disability after being terminated following a workplace injury.
The respondents sought to dismiss the application under s. 45.1 of the Human Rights Code, arguing that a prior Ontario Labour Relations Board (OLRB) decision regarding termination pay had appropriately dealt with the substance of the application.
The Tribunal found that while the OLRB review was a proceeding, it only addressed whether the applicant engaged in wilful misconduct and did not analyze whether the applicant's disability was a factor in his termination.
The request to dismiss the application was denied.
