Peter McSherry

The applicant filed a human rights application alleging discrimination and reprisal in employment.

Subsequently, the applicant was terminated and commenced a civil action seeking damages for wrongful dismissal, including general damages under the Human Rights Code.

The respondent requested that the Tribunal dismiss the application under section 34(11) of the Code.

The Tribunal found that the civil claim encompassed the same factual allegations of harassment and failure to accommodate as the application, and sought Code remedies.

As section 34(11) is mandatory, the Tribunal dismissed the application to prevent duplicative litigation.

The applicant filed a human rights application alleging discrimination in employment on the basis of sex and disability, claiming she was terminated after her employer learned she was pregnant.

She had also filed an Employment Standards Claim regarding the same subject matter, which was subsequently dismissed by an Employment Standards Officer.

The Tribunal determined that deferral was no longer necessary as the claim was resolved, but scheduled a hearing to determine whether the application should be dismissed under section 45.1 of the Human Rights Code on the basis that the Employment Standards proceeding appropriately dealt with its substance.

The employer applied for review of an Employment Standards Officer's order requiring it to pay termination pay to the employee.

The employer had changed the employee's status from full-time to part-time and purported to cancel her previously approved unpaid leave of absence during the notice period.

The employee refused the changes and left the workplace, claiming constructive dismissal.

The Board found that the employer violated the Employment Standards Act by altering the employee's terms and conditions of employment during the notice period.

The application was dismissed and the termination pay was ordered to be paid to the employee.