Paul Mennie

The applicant alleged discrimination on the basis of sex, claiming the respondent deliberately posted a supervisory vacancy while she was on vacation, refused to consider her late application, and hired a male candidate with less experience.

Following the applicant's presentation of her case, the respondent moved to dismiss for failure to establish a prima facie case.

The Tribunal granted the motion, finding no evidence that the timing of the posting was related to her sex, noting the applicant submitted her application late despite knowing about the vacancy, and observing the successful candidate had more seniority and experience in the role.

The applicant filed a human rights complaint alleging sex discrimination in 2005.

In 2008, the Commission accepted an amendment adding the ground of disability and alleging a failure to accommodate between 2003 and 2005.

The respondents brought a preliminary request to strike the amendment as out of time.

The Tribunal found that the amendment was filed more than three years after the last alleged incident of failure to accommodate.

As the applicant offered no explanation for the delay to satisfy the good faith requirement under section 34(2) of the Code, the Tribunal granted the respondents' request and struck the amendment.