The applicant filed a human rights complaint alleging discrimination on the basis of disability following his termination.
He subsequently commenced a civil action for wrongful dismissal, which included a claim for damages under the Human Rights Code.
The respondents requested that the Tribunal application be dismissed pursuant to section 34(11) of the Code.
The Tribunal found that the application was barred because the applicant had commenced a civil proceeding seeking compensation for the alleged human rights infringement, and that proceeding had not been withdrawn prior to making the application to the Tribunal.