The applicant filed a human rights application alleging discrimination in employment on the basis of disability.
The Tribunal issued a Notice of Intent to Defer because the applicant's union had also filed a grievance based on the same facts.
The respondent supported deferral, while the applicant and the union opposed it, noting that the respondent was challenging the jurisdiction of the arbitrator and that an unfair labour practice complaint was pending before the Ontario Labour Relations Board.
The Tribunal declined to defer the application, finding that the uncertainty of the outcome of the concurrent proceedings and the resulting delay meant deferral would not be fair, just, or expeditious.