Brathwaite v. Associated Brands Holding Ltd. Partnership, 2008 HRTO 311

Human Rights Tribunal of Ontario

B E T W E E N:

Anthony Brathwaite

Applicant

-and-

Associated Brands Holding Ltd. Partnership and Mithun Sineroy

Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: November 25, 2008

Citation: 2008 HRTO 311

Indexed as: Brathwaite v. Associated Brands Holding Ltd. Partnership

1This is an Application filed July 23, 2008, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2In their Response filed September 2, 2008, the respondents seek to defer the hearing of the Application pending the completion of a grievance arbitration. The respondents provided a copy of a union grievance dated February 19, 2008, which appears to relate to matters raised in the Application, and indicated that the grievance is proceeding to arbitration.

3In his Reply, the applicant stated that he was unable to respond to the request to defer as he did not know what grievance had been referred to arbitration. He also indicated that he did not receive a copy of the grievance with the respondents' Response.

4The respondents subsequently delivered to the applicant and filed with the Tribunal copies of five grievances filed by the applicant and correspondence indicating that all five grievances have been referred to arbitration, although dates have not been set.

5Section 45 of the Code confirms the Tribunal's authority to defer consideration of an application. Under Rule 14 of the Tribunal's Rules of Procedure, the Tribunal may, on its own initiative or on the request of a party, defer consideration of an application after providing notice of its intention to do so to all parties and giving them an opportunity to make submissions.

6The applicant is directed to deliver written submissions on the request for deferral to the respondents and file them with the Tribunal by December 9, 2008. The applicant may wish to review the Tribunal's Rules and Guide to its processes, available on the Tribunal's website at www.hrto.ca, before preparing the submissions.

7The respondents may respond to the applicant's submissions within 7 days of receipt of the applicant's submissions.

8I am not seized of this matter.