A recent decision of the Human Rights Tribunal of Ontario (“HRTO”), Morningstar v. Hospitality Fallsview Holding Inc. (o/a Hilton Fallsview), 2019 HRTO 1222 (“Morningstar”) underscores the importance of understanding the interplay between civil and administrative proceedings, and demonstrates the need to carefully evaluate the powers of administrative tribunals to limit or dismiss proceedings when developing a litigation strategy.
Given the various avenues of recourse available to aggrieved workers, it is not uncommon for employers to find themselves defending simultaneous legal proceedings across multiple forums. In Morningstar, an employee alleged she had experienced harassment, bullying, and a poisoned work environment. In connection with these allegations, the employee first filed an application with the Human Rights Tribunal of Ontario (HRTO) and, based largely on the same set of facts, later filed a civil action in the Ontario Superior Court of Justice claiming constructive dismissal. Following a request for an order made by the employer, the HRTO found that the applicant dismissed the application in light of the initiation of the civil claim.
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