The applicant filed a human rights application alleging discrimination on the basis of disability.
She also commenced a wrongful dismissal action in the Superior Court of Justice seeking damages for breaches of the Human Rights Code based on the same facts.
The respondents requested that the application be dismissed pursuant to section 34(11) of the Code.
The Tribunal found that the civil proceeding sought remedies for the alleged Code infringement and therefore the Tribunal had no jurisdiction.
The application was dismissed.
