The respondents requested the early dismissal of the human rights application under section 45.1 of the Human Rights Code, arguing that the substance of the application had been appropriately dealt with in a prior Employment Standards Act (ESA) claim.
The Employment Standards Officer had awarded the applicant termination and severance pay, finding that his lateness was a consequence of his learning disability and not wilful misconduct.
The Tribunal denied the request for early dismissal, finding that the ESA proceeding did not address the broader human rights issues of whether the employer failed to accommodate the applicant's disability or terminated him on discriminatory grounds.
