The applicant filed a human rights application alleging discrimination in employment based on age, ethnicity, and place of origin.
The respondents requested dismissal of the application under s. 34(11) of the Human Rights Code, arguing that the applicant had commenced a civil action seeking damages for the same alleged Code infringements.
The Tribunal found that the civil claim arose from the same factual context and sought remedies for the same alleged infringements regarding ethnicity and place of origin.
Consequently, the Tribunal dismissed those allegations for lack of jurisdiction and directed the applicant to provide further particulars if she wished to proceed with the age discrimination claim.