An employment lawyer looks at the Ontario Human Rights Tribunal’s approach to case splitting
For employers and employees involved in employment litigation, the Human Rights Tribunal of Ontario’s (HRTO) approach to case splitting is about the notion that one set of facts should generally mean one fight, in one venue.
In plain terms, case splitting occurs when a person attempts to pursue two separate proceedings based on the same underlying facts. In the employment context, this often arises where an employee starts a civil proceeding, such as a wrongful dismissal action, and also brings an application before the HRTO alleging discrimination arising from the same employment relationship or termination.
Section 34(11) of the Ontario Human Rights Code (the code) is intended to prevent duplicative proceedings. It provides that a person may not bring an application before the HRTO with respect to a right under the code where:
In 2022, the Divisional Court (whose decisions are binding on the HRTO) confirmed that section 34(11) of the code operates as a mandatory bar where the facts and issues raised in a civil proceeding, such as a wrongful dismissal claim, are...
A Wixom, Michigan, business accused of making false statements to obtain a loan has agreed to pay a settlement of just over $1.5 million after it was sued by the federal government, according to th...