Kevin D. MacNeill

The complainant filed human rights complaints alleging discrimination on the basis of sexual orientation and disability, as well as reprisals, against his former employer, a school board, and two individuals.

He had also commenced a civil action against the school board for wrongful dismissal and intentional infliction of mental suffering arising from the same events.

The Tribunal held that the complaint against the school board and its human resources director was barred by section 34(11) of the Human Rights Code because the civil action sought remedies for the same alleged Code infringements.

The complaint against the individual respondent who was not named in the civil action was permitted to proceed.

The applicant filed a human rights application against her employer and several individuals.

The corporate respondent filed for bankruptcy protection and argued the application was stayed under the Bankruptcy and Insolvency Act.

The applicant requested to amend her application to withdraw all monetary claims against the corporate respondent.

The Tribunal granted the amendment and held that because the applicant was no longer seeking monetary remedies, she was not a creditor with a claim provable in bankruptcy, and therefore the proceedings were not stayed.

The Tribunal also addressed requests to withdraw against two individual respondents, a request to expedite, and a request for document production.

The claimant applied for a review of an Employment Standards Officer's refusal to issue an order for termination pay, alleging he was constructively dismissed due to continuous harassment and an alleged physical assault by his supervisor.

The Board found that the physical contact between the supervisor and the claimant was minimal and did not constitute an assault or a repudiation of the employment contract.

The Board also rejected the allegations of a campaign of harassment, finding that the employer had accommodated the claimant and that the claimant's subsequent resignation was voluntary.

The application was dismissed.