The applicant filed a human rights application alleging discrimination on the basis of disability and failure to accommodate leading up to and including her termination.
The respondent sought to dismiss the application on the basis that the parties had previously signed Minutes of Settlement resolving a union grievance regarding her discharge, and that the remaining allegations were untimely.
The Tribunal found that the applicant freely entered into the settlement without duress, making it an abuse of process to litigate the termination.
The Tribunal further held that the pre-termination accommodation allegations were filed beyond the one-year limitation period and the applicant failed to establish a good faith explanation for the delay.
The application was dismissed.
