Lisa Talbot

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming she was terminated after informing her employer of a pregnancy and a history of miscarriages.

She concurrently filed a complaint under the Employment Standards Act (ESA) alleging reprisal.

An Employment Standards Officer (ESO) dismissed the ESA complaint, finding the termination was for bona fide business reasons.

The respondent requested the Tribunal dismiss the human rights application under section 45.1 of the Code.

Applying the Supreme Court's decision in Figliola, the Tribunal found that the ESO had appropriately dealt with the substance of the human rights allegations and that the applicant was attempting to relitigate the same factual issues.

The application was dismissed.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability.

The Tribunal previously deferred the application pending the conclusion of Employment Standards Act (ESA) proceedings.

Following the conclusion of the ESA proceedings, the respondent requested the application be dismissed under s. 45.1 of the Code, arguing the ESA proceedings appropriately dealt with the substance of the application.

The applicant requested reactivation.

The Tribunal reactivated the application and scheduled a conference call hearing to hear oral submissions on the respondent's request to dismiss, as required by s. 43(2) of the Code.