The applicant filed a human rights application alleging the respondent employer failed to accommodate his disability-related needs following a workplace injury.
The applicant's union had also filed grievances on the same issue, which proceeded to arbitration where the respondent conceded liability for a specific period.
The respondent requested the Tribunal dismiss the application under s. 45.1 of the Human Rights Code, arguing the arbitration appropriately dealt with its substance.
The Tribunal agreed, finding the issues raised in the application were substantially the same as those in the grievances, and dismissed the application.