The applicant sought to reactivate a deferred human rights application alleging discrimination in employment based on disability.
The respondent opposed reactivation, arguing the request was late and the underlying issues had been resolved via Minutes of Settlement at the Grievance Settlement Board, which included a release of Code claims.
The Tribunal granted the reactivation request, finding the 17-day delay was in good faith and caused no prejudice.
However, the Tribunal held that proceeding with the accommodation and remuneration allegations would be an abuse of process given the prior settlement and release.
The Tribunal dismissed those claims but allowed a separate harassment allegation, which was not covered by the settlement, to proceed, ordering the applicant to provide particulars.
