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Human rights application dismissed under s. 45.1 as the substance was already decided in grievance arbitration.
The applicant filed a human rights application alleging that her former employer failed to accommodate her disability and discriminatorily terminated her employment.
Prior to this application, the applicant's union had grieved her termination, and an arbitrator dismissed the grievance, finding the dismissal was for just cause and that the employer had accommodated her to the point of undue hardship.
The Tribunal held a preliminary hearing to determine whether the application should be dismissed under section 45.1 of the Human Rights Code.
Finding that the grievance arbitration appropriately dealt with the substance of the human rights application, the Tribunal dismissed the application to prevent relitigation.