Kate McNeill-Kellar

The applicant requested reconsideration of a decision dismissing her human rights application for delay.

The Tribunal had found that the application, alleging discrimination based on disability, was filed more than one year after the last incident of discrimination.

On reconsideration, the Tribunal upheld its finding that the application was filed out of time.

However, the Tribunal granted reconsideration on the issue of whether the delay was incurred in good faith, as the initial decision failed to address the applicant's argument that she received incorrect legal advice regarding the limitation period.

A preliminary hearing was ordered to hear evidence on the good faith issue.

The applicant filed a human rights application alleging discrimination based on disability (gluten allergy) against a temporary employment agency.

The respondent requested the application be dismissed as untimely, as it was filed more than a year after the last alleged incident of discrimination.

The Tribunal found that the applicant ought to have known by April 2012 that the respondent was not going to accommodate her, triggering the one-year limitation period.

The Tribunal also found that the applicant's grief over her father's death did not constitute a good faith reason for the delay.

The application was dismissed as out of time.