Geneviève Debané

The applicant filed a human rights application alleging disability discrimination, which overlapped with an ongoing union grievance.

The Tribunal previously declined to defer the application because the union had placed the grievance in abeyance.

After the grievance was subsequently referred to arbitration, the respondents filed a Request for Reconsideration of the Tribunal's interim decision.

The Tribunal noted that reconsideration is only available for final decisions, but exercised its discretion under its Rules of Procedure to treat the filing as a Request for an Order During Proceedings.

The Tribunal directed the applicant and his union to file written submissions on whether the application should now be deferred.

The applicant filed an application alleging disability discrimination in employment.

The respondents requested that the Tribunal defer the application because the issues were identical to an ongoing union grievance proceeding.

The union opposed deferral, stating it had placed the grievances in abeyance until the Tribunal heard the case.

The Tribunal declined to defer the application, finding it inappropriate to do so when the related grievances were being held in abeyance, and directed the respondents to file a response.