Harold Rolph

The applicant filed a human rights application alleging the respondent failed to accommodate her request for prayer breaks and unfairly targeted her for discipline.

The applicant had also filed grievances regarding the same issues, which were heard by an arbitrator who issued an award addressing the human rights allegations.

The Tribunal held a preliminary hearing and dismissed the application under s. 45.1 of the Human Rights Code, finding that the grievance arbitration had appropriately dealt with the substance of the application.

The respondent requested that the human rights application alleging employment discrimination and reprisal be deferred because the applicant had filed a concurrent claim under the Employment Standards Act (ESA) alleging unpaid wages and reprisal.

The applicant did not file submissions on the deferral request.

The Tribunal granted the deferral, finding that the claims arose out of the same circumstances and proceeding concurrently would risk inconsistent findings of fact.

The applicant alleged that the corporate respondent contravened the Minutes of Settlement by failing to mail a settlement cheque to her home address by the agreed-upon date, and instead sending it via courier.

The applicant also alleged a breach of confidentiality.

The Tribunal found that sending the cheque by courier did not comply with the clear and unambiguous requirement to 'mail' the cheque, resulting in a significant delay in the applicant receiving her funds.

The Tribunal ordered the corporate respondent to pay pre-judgment interest for the period of delay caused by its breach, but declined to award general damages.

The allegation of a confidentiality breach was dismissed as speculative.