3 total
Applicant permitted to withdraw human rights application without terms despite respondent's request for dismissal with prejudice.
The applicant filed a human rights application alleging reprisal by the respondent.
Prior to the hearing, the applicant requested to withdraw his application without prejudice.
The respondent objected, seeking dismissal with prejudice and costs, arguing it had expended significant resources defending the matter.
The Tribunal granted the applicant's request to withdraw without terms, noting that if the applicant filed a new application, the respondent could raise timeliness objections at that time.
Tribunal declined to defer human rights application pending concurrent grievance arbitration involving a different employer.
The applicant filed a human rights application alleging the respondent failed to hire her because she was receiving WSIB benefits.
The Tribunal considered whether to defer the application pending the conclusion of a concurrent grievance arbitration regarding the termination of her employment by her previous employer.
The Tribunal declined to defer the application, finding that although the proceedings flowed from the same overall facts, they dealt with distinct issues involving different employers.
Human rights application dismissed as abuse of process to prevent re-litigation of arbitrated termination.
The applicant filed a human rights complaint alleging discrimination on the basis of disability following his termination from employment.
The respondent employer requested early dismissal of the application under section 45.1 of the Human Rights Code, arguing the matter was already dealt with in a labour arbitration that upheld the termination.
The Tribunal found that section 45.1 did not apply because the arbitrator did not consider human rights allegations.
However, the Tribunal dismissed the application as an abuse of process, concluding that all relevant facts were before the arbitrator and allowing the application to proceed would amount to re-litigating the termination.
