Moya Teklu

The applicant filed a Request for an Order During Proceedings seeking leave to amend his human rights application to include allegations related to the recent termination of his employment.

The applicant argued the termination was a continuation of the reprisal alleged in the original application.

The respondents did not oppose the request but denied the new allegations were related to the original ones.

The Tribunal granted the request to amend, finding that dealing with all issues in a single application would be efficient, the new events were recent, and the respondents would not be prejudiced.

The applicant filed a human rights application over two years after the underlying events.

The respondents requested early dismissal on the basis of delay and section 53(8) of the Human Rights Code.

The Tribunal found that section 53(8) did not bar the application because a prior complaint had never been formally 'filed' with the Commission.

However, the Tribunal dismissed the application because it was filed beyond the one-year limitation period and the applicant failed to establish that the delay was incurred in good faith, noting a lack of due diligence in pursuing the claim despite communications from the Commission.