Harrison v. Clarendon Foundation, 2008 HRTO 142

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Monica Joanna Harrison

Applicant

-and-

Clarendon Foundation (Cheshire Homes) Inc.

Respondent

INTERIM decision

Adjudicator: Brian Cook

Date: October 9, 2008

Citation: 2008 HRTO 142

Indexed as: Harrison v. Clarendon Foundation

Human Rights Tribunal of Ontario

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1This is an Application filed August 6, 2008 under Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The applicant alleges the respondent employer discriminated against her on the basis of disability. The Application concerns a medical leave the applicant requested in July 2008. The applicant is a member of a union and has an outstanding grievance, dated July 9, 2008, in relation to the matters raised in her Application.

2The respondent seeks an order dismissing the Application on the basis that the Application is “frivolous and vexatious” and that the issues have already been dealt with by earlier grievances. In the alternative, the respondent submits that consideration of the Application should be deferred until the current grievance has been dealt with.

3The respondent has produced copies of past grievances made by the applicant in which she claimed, among other things, that her human rights were violated. The resolved grievances all pre-date the medical leave request which is the subject of both the outstanding grievance and this Application. They may, nonetheless, be relevant to the Application.

4The Tribunal must consider whether to defer consideration of this Application until the ongoing grievance is resolved or disposed of.

5Pursuant to Rule 14 of the Tribunal’s Rules of Procedure for Applications under Part IV of the Code, the Tribunal will give the parties an opportunity to make submissions before making a decision to defer.

6The applicant is directed to deliver her submissions, if any, on whether the Tribunal should defer consideration of this Application until her July 9, 2008 grievance is resolved or disposed of, to the respondent and the Tribunal no later than 14 days from the date of this decision. The respondent may provide any response within 7 days of the receipt of the applicant’s submissions.

7The applicant may wish to review the Tribunal’s Rules and Guides to its processes, available on the Tribunal’s website at www.hrto.ca, before preparing her submissions. I am not seized of this matter.