Amina Hanslod v. Cara Airlines Solutions, 2009 HRTO 1130

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amina Hanslod

Applicant

-and-

Cara Airlines Solutions

Respondent

-and-

Teamsters Local Union 419

Intervener

INTERIM DECISION

Adjudicator: Eric Whist

Date: July 24, 2009

Citation: 2009 HRTO 1130

Indexed as: Hanslod v. Cara Airline Solutions

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 March 3, 2009. The applicant alleges the respondent, her employer, has discriminated against her on the basis of her disability, contrary to section 5 of the Code. This Interim Decision deals with the issue of deferral.

2The Tribunal issued an Interim Decision, 2009 HRTO 739, on June 2, 2009, in which it granted intervener status to Teamsters Local 419 and asked for submissions on whether the Application should be deferred pending the outcome of the arbitration of her grievance. The Tribunal has received submissions from the applicant, the respondent and the intervener all agreeing that the Application should be deferred.

3The Tribunal may defer consideration of an application, on such terms as it may determine, on its own initiative or at the request of any party (Rule 14.1). The Tribunal will generally defer an application where there is an ongoing grievance under a collective agreement based on the same facts and issues. However, the Tribunal must also consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the Application.

4I find, based on the submissions of the applicant, respondent and intervener, and the information that the parties have provided that a deferral is appropriate. The Tribunal orders the deferral of the Application pending the conclusion of the arbitration of her grievance.

5Where a party wishes to proceed with an application which has been deferred, the party must make a Request for an Order During Proceedings in accordance with Rule 19 within 60 days after the conclusion of the other proceeding (Rules 14.3 and 14.4).

6I am not seized of this matter.