Shelly Brown

The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application as an abuse of process because he had previously signed Minutes of Settlement resolving the issues.

The applicant argued the settlement breached the Code and that he lacked capacity to settle due to a psychiatric illness, relying on a newly obtained medical note.

The Tribunal denied the request, finding that the applicant was attempting to re-argue points already decided and that the medical evidence could reasonably have been obtained prior to the original hearing.

The applicant filed a human rights application alleging discrimination and reprisal by his employer.

Concurrently, his union grieved his termination and other matters, resulting in a 'Last Chance Agreement' and Minutes of Settlement that reinstated him and required him to withdraw all outstanding human rights applications.

The applicant subsequently sought to expedite his Tribunal application, arguing the Minutes were void or contrary to the Code.

The Tribunal found that the applicant had voluntarily settled the matters and that allowing the application to proceed would violate the principle of finality and constitute an abuse of process.

The application was dismissed.