The respondents brought a motion to dismiss or stay human rights complaints alleging sexual harassment and reprisal, arguing that the Commission failed to properly attempt settlement, that the complaints were delayed, and that a settlement with the franchisor (TDL) triggered res judicata.
The Board of Inquiry dismissed the motion, finding it lacked jurisdiction to review the Commission's pre-referral conduct unless it amounted to an abuse of process.
The Board held that res judicata did not apply to the TDL settlement and that the respondents failed to demonstrate actual, significant prejudice resulting from the delay or the Commission's conduct to justify a stay for abuse of process.
A request to remove certain corporate respondents was also denied.
