Sheri Farahani

The applicant filed a human rights application alleging discrimination in employment on the basis of disability following her termination.

The respondent requested that the application be dismissed under section 45.1 of the Human Rights Code, arguing that the substance of the application had already been dealt with in a union grievance arbitration.

The Tribunal found that the arbitrator had considered the applicant's human rights issues and that the arbitral process appropriately dealt with the substance of the application.

The application was dismissed as an abuse of process.

The applicant filed a human rights application alleging discrimination in employment based on disability, which was previously deferred pending the conclusion of a grievance arbitration.

Following the conclusion of the arbitration, the applicant requested to re-activate the application.

The respondent opposed the request and sought early dismissal under section 45.1 of the Human Rights Code, arguing the substance was dealt with in the arbitration.

The Tribunal granted the request to re-activate and directed that a telephone hearing be scheduled to hear oral submissions on the section 45.1 dismissal request, noting that the applicant had not waived her right to make oral submissions.

The applicant filed a human rights application alleging discrimination in employment following a workplace injury and subsequent termination.

The respondent requested that the application be deferred pending the outcome of a union grievance and WSIB proceedings.

The union requested intervenor status.

The Tribunal granted the union intervenor status and declined to defer the application, finding that the grievance had only recently been referred to arbitration after two years and the WSIB proceedings did not impact the central issue of whether the termination violated the Code.