Elizabeth Laba v. Al Reaume and David Fields, 2008 HRTO 84

1The applicant, Elizabeth Laba, filed an application on July 25, 2008, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (“the Code”), alleging discrimination in employment on the basis of sex and family status. The applicant, a firefighter, states that, through her union representative, she gave notice of her pregnancy and requested that she stay on her regular 24-hour shift on modified duties. She states that her request was denied. The applicant subsequently filed a request for an order during proceedings (Form 10), pursuant to Rule 19 of the Tribunal’s Rules of Procedure for Applications under Part IV of the Code (“the Rules”), requesting that the process be expedited.

2The respondents filed responses to both the application (Form 2) and the request for an order during proceedings (Form 11). The respondents agreed that the process should be expedited, however, in their responses they also requested both dismissal and deferral of the application as the applicant is a member of a union and has filed a grievance. All parties have indicated that they agree to mediation. In a reply filed September 16, 2008, the applicant stated that she is now four months pregnant and would like the issue resolved during her pregnancy. She also stated that she has been informed by her union that arbitration may not happen any time soon.

3Although the Tribunal’s usual practice is to consider requests for deferral prior to scheduling mediation, in light of the particular circumstances of this matter set out above, the Tribunal will schedule mediation on an expedited basis. The Registrar’s office will contact the parties shortly to schedule mediation on a mutually agreeable date. The Tribunal will address the preliminary issues raised by the parties should the mediation not result in a settlement. I am not seized of this matter.