2 total
Human rights application dismissed as an abuse of process after applicant signed binding settlement agreement.
The applicant filed a human rights application alleging discrimination in a job competition.
The matter was deferred pending a parallel arbitration.
During the arbitration, the applicant signed Minutes of Settlement and a letter withdrawing the human rights application in exchange for $1,500.
He subsequently sought to continue the application, claiming he signed under duress and was hurried by his union representative.
The Tribunal rejected the applicant's evidence, finding he did not sign under duress and had acted in bad faith by intending to pursue the application despite the settlement.
The Tribunal dismissed the application as an abuse of process.
Duty of fair representation complaint dismissed due to years of unexplained delay by the applicant.
The applicant filed a duty of fair representation complaint against the union for refusing to participate in an application for judicial review of an arbitration decision that upheld his discharge.
The responding party and intervenor brought preliminary motions to dismiss the complaint for undue delay.
The Board found that the applicant had delayed for several years without a satisfactory explanation, including failing to take reasonable steps to have the matter relisted after sine die adjournments.
Given the prejudice to the parties and the potential disruption to established seniority rights, the Board declined to exercise its discretion to inquire into the complaint and dismissed the application.
