The applicant filed a human rights application alleging discrimination in employment.
The respondents requested that the application be dismissed under section 45.1 of the Human Rights Code, arguing that the substance of the application had been appropriately dealt with in a prior civil proceeding for wrongful dismissal.
The Tribunal found that the civil court had already made findings regarding the applicant's termination and competency, and dismissed those portions of the application to prevent relitigation.
However, the Tribunal allowed the application to proceed regarding allegations of discriminatory comments and a poisoned work environment, as these were not raised or considered in the civil action.
