Daryn M. Jefferies

The applicant requested to reactivate his human rights application, which had been deferred pending the outcome of two grievances.

The applicant argued that his previous union was replaced and his grievances were no longer being processed.

The respondents opposed reactivation, arguing the grievances remained outstanding.

The Tribunal found that the grievances were not actively being advanced and there was real doubt they would progress.

The Tribunal ordered the application to be reactivated.

The applicant filed a human rights application alleging discrimination on the basis of disability regarding the denial of sick leave benefits and a Record of Employment.

The Tribunal issued a Notice of Intent to Defer because the applicant had previously filed union grievances concerning the same facts and issues.

Despite the applicant's concern about a change in union representation, the Tribunal found that deferral was appropriate to avoid concurrent proceedings and inconsistent decisions.

The application was deferred pending the conclusion of the grievance process.