The respondent requested a summary hearing to dismiss the application under section 45.1 of the Human Rights Code, arguing it had no reasonable prospect of success and was dealt with in a prior grievance.
The respondent also sought to dismiss certain allegations for delay.
The Tribunal denied the requests, finding that a grievance not referred to arbitration is not a prior proceeding under section 45.1.
The Tribunal also held that determining whether the older allegations formed part of a series of incidents required hearing evidence.
