The applicant alleged discrimination on the basis of sex when she was not hired as a probationary firefighter.
The parties entered into Minutes of Settlement requiring the applicant to pass a work-related fitness assessment.
A dispute arose over whether the applicant met the required fitness standards, with the respondent arguing she failed to meet its specific aerobic standard, while the applicant argued she passed the independent assessment as required by the settlement.
Both parties filed applications for contravention of settlement.
The Tribunal interpreted the settlement in favour of the applicant, finding that the agreement required her to pass the independent fitness assessment chosen by the respondent, rather than the specific standards set out in a former By-Law.
