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Human rights application dismissed as barred by ongoing civil action seeking damages for Code infringement.
The applicant filed a human rights application alleging discrimination in employment on the basis of age and disability.
The applicant had also commenced a civil action for wrongful dismissal seeking damages for breach of the right to a workplace free of discrimination.
The Tribunal found that the factual situation in the application was the same as in the civil action, and the applicant was effectively seeking damages for a breach of the Code in court.
Consequently, the Tribunal dismissed the application as barred by section 34(11) of the Human Rights Code, which prevents duplicative proceedings.
