The respondents requested the early dismissal of a human rights application under section 34(11) of the Human Rights Code, arguing that the applicant had commenced a civil action based on the same facts and seeking similar remedies.
The Tribunal found that while the original civil claim overlapped with the application, the applicant had amended the statement of claim to remove all allegations of human rights infringements and requests for human rights remedies.
Because the amended civil action only sought damages for a breach of the common law reasonable notice period, the Tribunal concluded that section 34(11) did not apply and denied the request to dismiss.
