Anthony Giannotti

The applicant requested the reactivation of her human rights application, which had been deferred pending a WSIB proceeding.

She also requested the removal of a 'without prejudice' settlement letter from the respondent's Response.

The Tribunal granted the reactivation, finding the termination issue was no longer live before the WSIB.

The Tribunal also ordered the respondent to remove the settlement letter, as it was protected by settlement privilege.

Finally, the Tribunal directed a preliminary hearing to determine whether the application should be dismissed under s. 45.1 of the Human Rights Code based on the prior WSIB proceeding.

The respondent requested that the human rights application be dismissed under s. 45.1 of the Human Rights Code, arguing that a WSIB decision regarding the applicant's workplace injury had appropriately dealt with the substance of the application.

The Tribunal denied the request to dismiss because the WSIB proceedings were ongoing and under appeal.

However, the Tribunal deferred consideration of the application pending the outcome of the WSIB appeal to avoid the risk of inconsistent findings of fact regarding the reasons for the termination of the applicant's employment.