The applicant filed a human rights application alleging discrimination in employment by his former employer and his union.
The employer requested early dismissal under s. 45.1 of the Human Rights Code, arguing the matter was appropriately dealt with in a prior grievance arbitration.
The union requested dismissal on the basis of no reasonable prospect of success.
The applicant challenged the constitutionality of s. 45.1 under s. 7 of the Charter.
The Tribunal found that s. 45.1 does not violate the Charter, as it does not restrict fundamental personal life choices.
The Tribunal dismissed the application against the employer, finding the substance of the allegations was appropriately dealt with by the arbitrator.
The Tribunal also dismissed the application against the union, finding no reasonable prospect of success as the applicant failed to link the union's actions to a protected ground of discrimination.
