Loranger v. Customs and Immigration Union, 2008 HRTO 408

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Bruno Alain Loranger

Applicant

-and-

Customs and Immigration Union

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: December 17, 2008

Citation: 2008 HRTO 408

Indexed as: Loranger v. Customs and Immigration Union

1Bruno Loranger works for the respondent Customs and Immigration Union as a labour relations officer, servicing Ottawa, eastern Ontario, Quebec and the Atlantic provinces. In the course of that work he is required to travel. He states that his spouse is pregnant and due in the first week of May, 2009, and that he has an older child who has special needs. He states that his spouse is anxious about the possibility of him having to be away mornings and evenings, and that his inability to assist in child care could cause her medical complications. He asked his employer to be accommodated on the basis of family status by being exempt from the requirement to travel during her pregnancy. By e-mail, he was informed, “we cannot agree to your request at this time”.

2Mr. Loranger is represented by a Union, the Alliance Employees Union. A grievance has been filed dated November 20, 2008. Mr. Loranger also filed an Application with the Tribunal under s. 34 of the Human Rights Code, R.S.O. 1990, c.H.19, as amended, on December 2, 2008. He asks that his Application be expedited and that the Tribunal award as an interim remedy that he not be required to travel during his spouse’s pregnancy.

3In its response to the Request to Expedite, the respondent asks that the Application be deferred pending the completion of the grievance procedure. The Tribunal invites the parties to provide brief submissions on the deferral issue. In particular, they may wish to address whether the question of deferral should be considered prior to the requests to expedite and for interim remedies, and whether deferral should be ordered in the circumstances.

4In view of the stated urgency, the parties may deliver and file submissions by December 19, 2008. Any response to new matters raised in the submissions of the other party must be made by December 22, 2008.