Wanda McLeod-Yip v. Carl Zeiss Canada Ltd. and Lynn Mousmanis, 2008 HRTO 289

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wanda McLeod-Yip

Applicant

-and-

Carl Zeiss Canada Ltd. and Lynn Mousmanis

Respondents

INTERIM DECISION

Adjudicator: Ena Chadha

Date: November 21, 2008

Citation: 2008 HRTO 289

Indexed as: McLeod-Yip v. Carl Zeiss Canada

Human Rights Tribunal of Ontario 655 Bay Street, 14^th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / (toll free) 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca

1This is an Application filed on September 16, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The respondents filed their Response to the Application (Form 2) on October 29, 2008. In their Response, the respondents requested that the Application be dismissed under section 45.1 of the Code on the basis that the Employment Standards Branch has appropriately dealt with the substance of the Application. The respondents further indicated that the applicant filed an appeal of the Employment Standards decision to the Ontario Labour Relations Board (“OLRB”). Consequently, the respondents have requested, in the alternative, that the Tribunal defer the Application pending completion of the appeal before the OLRB.

3The applicant served and filed her Reply (Form 3) with the Tribunal and the respondents on November 17, 2008. In her Reply, the applicant indicates that the appeal before the OLRB no longer exists because she withdrew the appeal on November 12, 2008. The applicant submits that the Tribunal should deny the respondents’ request for early dismissal.

4In their respective Application and Response, the parties indicated an interest in mediation.

5In accordance with section 45.1 of the Code and Rule 22 of the Tribunal’s Rules of Procedure, unless the parties consent to waive their right to oral submissions, the parties are entitled to an opportunity to make oral submissions before the Tribunal regarding the preliminary issue of early dismissal.

6In the circumstances of this case, it is appears appropriate to defer dealing with the request for early dismissal until after the mediation. As such, this matter is referred to the Registrar to schedule a mediation.

7I am not seized of this matter.