Human Rights Complaint Dismissed Due to Delay
In Ontario, employees who believe they have faced discrimination at work can file complaints with the Human Rights Tribunal of Ontario (HRTO). However, there are strict rules about how and when these complaints must be filed. One recent case shows how delays even for serious claims, an result in dismissal if deadlines are missed.
This article explains what happened in this case, why the complaint was dismissed, and what employers in Ontario should keep in mind when managing potential human rights complaints.
The One-Year Limitation Period for Human Rights Complaints
Under the Ontario Human Rights Code, individuals must file a complaint within one year of the last alleged incident of discrimination. The HRTO can extend this deadline only if it is satisfied that the delay was incurred in good faith and that an extension would not cause substantial prejudice.
If a complaint is filed too late, and no valid reason for the delay is provided, the Tribunal may refuse to hear the case regardless of its merits.
The Case: Bax v. CultureWorks ESL Inc.
In Bax v. CultureWorks English as a Second Language Inc., 2025 HRTO 1773 (CanLII), a former employee alleged she experienced a pattern of discrimination, including:
- Sexual harassment
- Pregnancy-related discrimination
- Discrimination based on gender identity and family status
She pointed to a board meeting in September 2021 as a key incident and claimed she had been constructively dismissed from her role. However, she filed her complaint on February 2, 2023, 16 months later, well outside the one-year window.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Employers don’t control when a complaint is filed but they can control how prepared they are to respond. Clear documentation and legal awareness can make all the difference.”
Why the Complaint Was Dismissed
The HRTO dismissed the application, citing the following reasons:
- The last alleged act of discrimination occurred on or before September 13, 2021.
- The employee’s attempt to use her employment end date in 2023 to extend the timeline was rejected, as there was no new discriminatory act on that date.
- The applicant relied on COVID-19-related extensions that had already expired in 2020 well before the events in question.
- Although the employee submitted a doctor’s letter citing PTSD and other hardships, the Tribunal found:
- She had legal counsel during the delay period;
- Her lawyer sent a letter in December 2021 asserting constructive dismissal and human rights claims, showing she was able to pursue legal action;
- The physician’s letter did not cover the critical period of delay between September 2022 and February 2023.
As a result, the HRTO found the application was not filed in good faith and dismissed it for being out of time.
Why This Matters for Employers
This case offers several important takeaways for employers:
- Limitation periods matter. Even serious allegations may not proceed if deadlines are missed.
- Legal representation does not pause the clock. If an employee is engaging lawyers, it may indicate capacity to file a complaint.
- Documentation is key. Keeping clear records of meetings, complaints, and communications helps employers respond confidently to allegations even after an employee has left the workplace.
Key Takeaways
- Employees must file HRTO applications within one year of the last alleged discriminatory act.
- Delays must be justified with credible, detailed evidence.
- Employers benefit from proactive recordkeeping and legal readiness.
- Even if a claim is dismissed, the employer’s documentation and process will be scrutinized.
Contact Achkar Law
If you’re facing a human rights complaint or want to ensure your policies are compliant with Ontario’s human rights laws, our team can help.
Contact Achkar Law today to speak with an experienced employment lawyer.
Call toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©