The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming she was terminated after requesting accommodation for ADHD.
The respondent requested the application be dismissed on a preliminary basis, arguing the matter was already dealt with by an Employment Standards Officer (ESO) who found the applicant was terminated for wilful misconduct.
The Tribunal denied the request to dismiss, finding that the ESO specifically declined to consider the disability-related allegations as they were outside the scope of the Employment Standards Act.
The Tribunal also declined to dismiss the application as having no reasonable prospect of success, noting a full hearing was required.
