2 total
Human rights application deferred pending completion of concurrent grievance process.
The applicant filed a human rights application alleging discrimination against her employer and union.
The respondents requested that the application be deferred because the issues were already the subject of ongoing grievances before the Grievance Settlement Board.
The Tribunal found substantial overlap between the facts and human rights issues in both proceedings.
Despite the applicant's concerns about the union's representation, the Tribunal deferred the application pending the completion of the grievance process to avoid concurrent proceedings and inconsistent decisions.
Human rights application dismissed as an abuse of process due to prior full and final settlement.
The applicant filed a human rights application alleging discrimination in employment after previously signing Minutes of Settlement resolving a union grievance regarding his termination.
The settlement included a full and final release of all claims under provincial or federal legislation.
The respondents brought a motion to dismiss the application.
The Tribunal found that while the grievance process may not have dealt with the substance of the human rights complaint, the clear intention of the settlement was to bar any further claims arising from the employment relationship.
Finding no evidence of unconscionability or lack of capacity, the Tribunal held that allowing the application to proceed would be an abuse of process and dismissed it.
