Melissa L. Arruda

The applicant filed a human rights application alleging discrimination on the basis of disability and sex after being denied access to a sick leave plan following a car accident on maternity leave.

Her union had previously filed a grievance on the same issue, which was resolved through Minutes of Settlement.

The respondent requested that the application be dismissed under section 45.1 of the Human Rights Code.

The Tribunal denied the applicant's request to amend her application with administrative complaints and dismissed the application, finding that the grievance proceeding had appropriately dealt with the substance of the matter.

The applicant filed a human rights application alleging discrimination with respect to employment because of disability.

The respondent and intervenor union sought to dismiss the application under section 45.1 of the Human Rights Code, arguing the matter was resolved by Minutes of Settlement reached at arbitration.

The Tribunal refused to dismiss the application because the applicant had not signed the settlement and did not implicitly accept its terms.

The Tribunal granted the applicant's request to amend her application to include her subsequent termination, and deferred the entire application pending the outcome of an expedited arbitration regarding the termination.