Kristin Bisbee

The applicant filed a human rights application alleging workplace discrimination and reprisal.

The respondents requested dismissal on the basis that a union grievance settlement had appropriately dealt with the substance of the application.

The Tribunal held a summary hearing.

The applicant was permitted to withdraw her application against the union without conditions.

The Tribunal declined to dismiss the application against the employer, finding that because the applicant did not sign or agree to the grievance settlement, it did not appropriately deal with the substance of her application.

The Tribunal also found the application had a reasonable prospect of success and directed it to proceed to a full hearing.

The applicant filed a human rights application alleging discrimination in employment based on race, colour, place of origin, and ethnic origin, claiming the respondent stopped scheduling her for shifts and eventually terminated her.

The respondent requested the application be dismissed as out of time, arguing the last shift worked was more than a year before filing.

The Tribunal denied the request to dismiss, finding that an evidentiary hearing was necessary to determine whether the alleged unreturned calls, meeting, and delayed communication of termination constituted a series of incidents under section 34 of the Human Rights Code.

The Tribunal also ordered a summary hearing to assess whether the application has a reasonable prospect of success.