Judith Bobbitt v. Metroland Media Group Ltd. (Durhan Region Division), 2008 HRTO 46

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Judith Bobbitt

Applicant

-and-

Metroland Media Group Ltd. (Durhan Region Division),

Joanne Burghardt

Respondents

INTERIM DECISION

Adjudicator: Michael Gottheil

Date: July 22, 2008

Citation: 2008 HRTO 46

Indexed as: Bobbitt v. Metroland

Human Rights Tribunal of Ontario

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Toronto ON M7A 2A3

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1This is an application filed July 15, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (“the Code”). The applicant has also filed a Request to Expedite Proceedings pursuant to Rule 21 of the Tribunal’s Rules of Procedure for Applications under Part IV of the Code. (“the Rules”).

2In reviewing the application, the Tribunal has identified a number of issues which has caused the Tribunal to issue this Interim Decision, to ensure that the application is dealt with in a way which is fair, just and expeditious in the circumstances.

Completeness of the Application

3The applicant has failed to answer a number of “yes/no” questions in the application. For the most part, since the applicant provides written information in the follow up questions, this failure does not appear to hamper the respondents’ ability to respond to the application or for the Tribunal to deal with the application in a timely way. However, the applicant did fail to indicate the “area of discrimination” in question 6. The body of the application makes clear that the application is in respect of employment, and the applicant did complete and file a Form 1a, which is the required supplemental form in relation to claims of discrimination in employment. As a result the Tribunal will treat this application as relating to a claim of discrimination in employment.

Deferral

4The applicant indicates that she has filed a grievance (or has requested that one be filed) under a collective agreement between the corporate respondent, Metroland Media Group Ltd. and the Communications, Energy and Paperworkers Union of Canada, Local 87-M, Southern Ontario Newspaper Guild (“SONG”). In the normal course, the Tribunal would issue a notice of its intention to defer the application pending the resolution of the grievance, and would provide the parties an opportunity to make submissions on the proposed deferral (See Rule 14). As this application is accompanied by a Request to Expedite, the Tribunal will seek submissions on the appropriateness to defer along with submissions on the Request to Expedite. SONG will also be provided an opportunity to file a Request to Intervene, and make submissions on whether this application ought to be deferred pending the resolution of the grievance.

Request to Expedite

5The applicant has made a Request to Expedite this application on the basis that the respondents have set a deadline of August 15, 2008 for her to return to her regular work location in Uxbridge, failing which she will be terminated. The applicant claims she will be unable to do so because her driver’s licence has been temporarily suspended as a result of a neurological illness for which she continues to be treated.

Decision and Order

6As noted above, this application is accompanied by a Request to Expedite, and involves allegations which are also the subject of a grievance under a collective agreement, it is therefore appropriate to issue specific procedural directions to ensure that this matter is dealt with fairly and expeditiously. In the circumstances, I order the following:

a. The Tribunal will serve the application and the Request to Expedite on the respondents and SONG.

b. Not later than seven days from the date of this decision, the respondents shall deliver to the applicant and to SONG, and file with the Tribunal, a completed Form 15, Response to Request to Expedite. The respondents are also directed to indicate, at the same time, whether they believe this application ought to be deferred pending the resolution or determination of any grievance filed under the collective agreement between Metroland and SONG, and provide any submissions in respect of their position.

c. If SONG seeks to intervene in this application, it shall, no later than 7 days of the date of this decision, deliver to the respondents and the applicant, and file with the Tribunal, a completed Form 5, Request to Intervene. If SONG chooses to make a request to intervene, it shall, at the same time, deliver and file a Form 15, Response to Request to Expedite, and also indicate its position on whether this application should be deferred, and provide its submissions in support of its position on deferral.

d. No later than August 5, 2008, the applicant shall provide submissions, if any, to the position of the respondents and SONG (if any) on the issue of whether this application should be deferred pending the resolution or determination of the grievance.

e. If SONG makes a request to Intervene, no later than August 5, 2008, the applicant and respondents shall deliver and file a completed Form 11, Response to Request to Intervene.

f. Subject to any further order issued by the Tribunal, a mediation/case conference is scheduled for August 12, 2008 at the Tribunal’s hearing centre, 655 Bay Street, 14th Floor, Toronto, Ontario, commencing at 10:00 am.

7After receiving the various filings and submissions noted above, the Tribunal will issue further procedural orders in relation to this application, and will either confirm or adjourn the mediation/case conference scheduled for August 12, 2008. The parties are also reminded that subject to the above order, or any further procedural orders, the requirements to file a Response or a Reply, as provided in the Rules, continue to apply.