Robert Taylor

The applicant filed a human rights application alleging discrimination and reprisal in employment, having previously commenced a civil action for wrongful dismissal.

The respondent requested that the application be dismissed under section 34(11) of the Human Rights Code or deferred pending the civil action, and alleged the applicant violated the deemed undertaking rule by relying on an email obtained during civil discovery.

The Tribunal allowed the applicant's request to amend her application, and denied the respondent's requests to dismiss and defer, finding insufficient overlap between the proceedings.

The Tribunal scheduled a teleconference hearing to receive submissions on whether relying on the discovery document constitutes an abuse of process.

The respondent requested early dismissal of a human rights application alleging sex discrimination, arguing under section 34(11) of the Human Rights Code that the applicant had an ongoing civil claim for wrongful dismissal arising from the same events.

The Tribunal found that the civil claim did not explicitly or implicitly raise Code issues or seek Code remedies, and the application raised systemic issues not addressed in the civil action.

The request for early dismissal was denied, but the application was deferred pending the outcome of the civil proceeding on consent of both parties.

The applicant union applied for certification and had to establish its status as a 'trade union' under the Labour Relations Act.

The respondent employer and objecting employees argued that the applicant was not a trade union because its constitution was not properly ratified by its members.

The Board found that the applicant, as a local chartered by the Canadian Labour Congress, was formed pursuant to an existing constitution, and the founding members agreed to be bound by it upon application for the charter.

The Board concluded the applicant is a trade union and directed a representation vote.