Neil Keating

The respondent requested the dismissal of the applicant's human rights allegations of harassment spanning July to November 2012, arguing they had been appropriately dealt with in a prior union grievance pursuant to section 45.1 of the Human Rights Code.

The Tribunal found that unlike a previous grievance settlement in this matter, there were no signed Minutes of Settlement establishing the scope of the resolution, and the applicant's agreement to the withdrawal of the grievance was in dispute.

The Tribunal dismissed the respondent's request, concluding that the issue could not be resolved without hearing evidence and making credibility findings.

The applicant alleged discrimination and harassment based on disability by her employer and a manager.

The respondents brought a preliminary motion to dismiss the allegations under s. 45.1 of the Human Rights Code, arguing that the substance of the application had been appropriately dealt with through union grievances.

The Tribunal dismissed the allegations relating to the applicant's return to work, finding that a grievance settlement signed by the applicant and the union appropriately dealt with those issues.

The Tribunal also removed the manager as a personal respondent and declined to add the union as a party.

The applicant was directed to provide further particulars regarding her remaining allegations of harassment and reprisal.