Marion Van Barneveld v. I.O.O.F. Seniors Homes Inc. and Christian Labour Association of Canada, 2008 HRTO 329

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marion Van Barneveld Applicant

-and-

I.O.O.F. Seniors Homes Inc. and Christian Labour Association of Canada Respondent

INTERIM DECISION

Adjudicator: David A. Wright Date: December 1, 2008 Citation: 2008 HRTO 329 Indexed as: Van Barneveld v. I.O.O.F. Seniors Homes

Reasons for Decision

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) on September 25, 2008, alleging discrimination and reprisals in employment. The respondents are the applicant’s employer (I.O.O.F. Seniors Homes) and her union (Christian Labour Association of Canada or CLAC).

2The respondents state that the union filed a grievance based on the same issues as those raised in the Application, which was settled at mediation. The settlement, which appears to have been signed by the applicant, the union and the employer, contains a release in favour of the employer. The employer asks for early dismissal of this Application without a full response on the basis of the release, and also asks that the Application be dismissed under s. 45.1 of the Code which provides, “The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application”. The union also asks that the Application be dismissed under s. 45.1. Both respondents have provided written legal submissions on the issues they raise.

3In the circumstances, it is appropriate to determine the above issues as a preliminary matter. Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application without affording the parties a chance to make oral submissions.

4Accordingly, the Registrar is directed to schedule a half-day hearing to address the following issues:

(a) Should the Application against the I.O.O.F. be dismissed as a result of the release signed by the applicant in the grievance settlement dated May 21, 2008?

(b) Should the Application against either or both respondents be dismissed, in whole or in part, under s. 45.1 of the Code?

5The following directions shall apply to the hearing:

(a) The applicant shall be prepared to proceed first at the hearing, by responding to the written arguments of the respondents on the above questions.

(b) Any party that wishes to rely on any written materials (including written submissions or documents) or rely on any facts not contained in the Application, Responses, or Reply must deliver them to the other parties and file them with the Registrar within 21 days of the date of this decision.

(c) No further steps need be taken by any party, with the exception that the applicant may file a Reply within the deadline set out in the Rules.

6I am not seized of this matter.