The applicant filed a human rights application alleging the respondent failed to accommodate his disability when it assigned him bag and broom duties.
The respondent requested the application be dismissed under section 45.1 of the Human Rights Code, arguing the matter was already dealt with in a prior labour arbitration concerning the applicant's suspension and termination.
The Tribunal found that the arbitrator had implicitly rejected the failure to accommodate claim when determining the employer had just cause for discipline.
Applying the principles from Figliola, the Tribunal concluded that allowing the application to proceed would constitute an abuse of process and improper re-litigation.
The application was dismissed.
