Osier v. Ontario Power Generation, 2008 HRTO 190

Human Rights Tribunal of Ontario

B E T W E E N:

Carla Osier

Applicant

-and-

Ontario Power Generation, Brian Welsh, Louie Shoukas, and Lisa Maxwell

Respondents

INTERIM DECISION

Adjudicator: Alan Whyte Date: October 24, 2008 Citation: 2008 HRTO 190 Indexed as: Osier v. Ontario Power Generation

Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto, ON M7A 2A3 Phone (416) 326-1312 / 1-866-598-0322 Fax (416) 326-2199 / 1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

Reasons for Decision

1This Application was filed with the Tribunal on October 7, 2008 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The Application has not yet been served on the respondents.

2Documents filed with the Application suggest the applicant was employed in Ontario Power Generation’s (“OPG”) Nuclear Division. OPG’s Human Rights and Harassment Procedure, filed with the Application, indicates that “The Canadian Human Rights Act governs OPG Nuclear, and the rest of OPG is governed by the Ontario Human Rights Code”. The Tribunal requires further information pertaining to the federal/provincial jurisdiction issue and directs written submissions addressing this issue be provided in accordance with the Order below.

3The applicant’s materials also included a grievance dated September 18, 2008 filed against OPG by the applicant’s bargaining agent which appears to deal with the same issues raised in the Application, which raises the issue of deferral of the Application pending the resolution of the grievance. Rule 14.1 of the Tribunal’s Rules permits the Tribunal to defer consideration of an application, on such terms as it may determine, on its own initiative. Deferral of an application ensures that proceedings dealing with the same issues do not run concurrently. The Tribunal requires further information and submissions from the parties before determining the deferral issue.

4The Tribunal therefore orders as follows:

(a) The Registrar is directed to serve a copy of this Interim Decision on the applicant.

(b) The Registrar is directed to serve the Application together with a copy of this Interim Decision on the respondents, and the Power Workers Union, identified as an affected party.

(c) The respondents are directed to deliver to the applicant and file with the Tribunal submissions and documents in support with respect to the jurisdiction and deferral issues only, by November 12, 2008. Such submissions should include information about the present status of the grievance proceedings between the applicant’s bargaining agent and OPG. The respondents are not required to file a full Response to the Application at this time.

(d) The applicant is directed to deliver to the respondents and file with the Tribunal reply submissions and documents in support, by November 24, 2008.

5I am not seized of this matter.