Andrew J. McCreary

The respondent requested to defer the applicant's human rights application pending the outcome of her concurrent claim under the Employment Standards Act.

Both proceedings involved the same facts surrounding the termination of her employment and alleged breaches related to pregnancy and parental leave.

The Tribunal granted the deferral to avoid adjudicative duplication and the risk of inconsistent findings, noting that the remedies available under both statutes are potentially similar.

The applicant filed an application alleging discrimination in employment on the basis of disability.

A preliminary hearing was scheduled to address the respondent's requests for dismissal or deferral.

The applicant failed to appear at the hearing despite receiving proper notice.

The respondent requested that the application be dismissed as abandoned.

The Tribunal granted the request, noting that applicants have a responsibility to participate in proceedings and attend scheduled hearings.

The application was dismissed.