The applicant alleged discrimination in employment on the basis of disability, place of origin, and other grounds, as well as reprisal by both the employer and the union.
The respondents sought early dismissal under section 45.1 of the Human Rights Code, arguing the matters were dealt with by the Employment Insurance Board of Referees (EIBR) and the union grievance process.
The Tribunal found that the EIBR had appropriately dealt with the allegations that the termination was discriminatory, as it found the applicant lacked just cause to decline reinstatement and was not subjected to human rights violations.
However, the EIBR did not deal with allegations regarding vacation scheduling.
The Tribunal also found that the withdrawn union grievance was not a proceeding under section 45.1.
The Tribunal dismissed the termination allegations against the employer but allowed the vacation scheduling and union allegations to continue, and granted the applicant's request to amend the application to add reprisal allegations.