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Human rights application dismissed for lack of jurisdiction due to ongoing civil proceeding on same facts.
The applicant filed a human rights application alleging discrimination in contracts on the basis of race and ethnic origin, stemming from a racial slur and the subsequent cancellation of his emissions testing accreditation.
The applicant had also commenced a civil action against the respondents seeking damages based on the same factual allegations.
The Tribunal found that section 34(11) of the Human Rights Code bars an application where a civil proceeding has been commenced seeking remedies for the same alleged Code infringement.
The application was dismissed for lack of jurisdiction.
