Sytik v. Arvin Ride Control Products Inc., 2009 HRTO 185

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Youri Sytik

Applicant

-and-

Arvin Ride Control Products Inc., Larry Liscum, Ron Mechaly, and Nawazish Shaikh

Respondents

INTERIM DECISION

Adjudicator: Judith Keene

Date: February 20, 2009

Citation: 2009 HRTO 185

Indexed as: Sytik v. Arvin Ride Control Products

INTRODUCTION

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), on February 4, 2009, alleging discrimination and reprisal in employment on the ground of disability. This Interim Decision deals with a Request to Expedite by the applicant, and with the issue of whether related grievances are still in process.

REQUEST TO EXPEDITE

2The applicant states that he made his Request to Expedite because he was told that after the facility at which he was employed is closed, he would be unable to bring any legal claim against his former employer.

3The corporate respondent filed a Response to the Request to Expedite. The respondent admits that the facility will be closed in February 2009, but states that the applicant’s claim is for monetary compensation rather than for any time-sensitive remedy and that the corporation “continues to have other operations and assets in Ontario, thereby reducing any “flight” risk”.

4A request to expedite proceedings must describe urgent circumstances that may affect the fair and just resolution of the merits of the application and the harm that would result if the request is denied. Further, in Weerawardane v. 2152458 Ontario Ltd., 2008 HRTO 53, 2008 HRTO 53, at paragraph 9, the Tribunal held that, for a request to expedite to be granted, the applicant must demonstrate that the circumstances are truly urgent, requiring the resolution of the human rights dispute in a particularly rapid manner as compared with the time required to complete the Tribunal’s regular process.

5The Application may result in a monetary settlement or damages award. The corporate respondent is therefore directed to provide the Tribunal with information concerning its ongoing operations and assets in Ontario, and how they would be available to satisfy any monetary settlement or damages award in this matter.

STATUS OF OTHER PROCEEDINGS

6In response to the events that are the subject of his Application, the applicant filed at least two grievances and an application in respect of the duty of fair representation. The status of these matters is not clear, although the applicant states that he has written to the Ontario Labour Relations Board to withdraw his “first request (sending my grievances to arbitration)”.

7Pursuant to s.45 of the Code and Rule 14.1 of the Tribunal’s Rules of Procedure, the 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. 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 the light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the application.

8Pursuant to s.45.1 of the Code, 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.

ORDER

9Within 14 days of receiving this Interim Decision, the corporate respondent must provide the Tribunal and the applicant with written information concerning its ongoing operations and assets in Ontario, and how they would be available to satisfy a monetary settlement or damages award in this matter.

10Within 14 days of receiving this Interim Decision, the applicant must inform the Tribunal and the respondents in writing of the current status (ongoing, decided or withdrawn) of the two grievances and duty of fair representation application identified in his Application and advise whether any additional grievances or proceedings relating to the facts or issues raised in this Application have been commenced and of the status of those proceedings. If any grievance or application has been decided the applicant must provide the Tribunal with a copy of the decision.

11The respondents are directed to address any issues arising out of this additional information in their Response to the Application (Form 2).

12I am not seized of this matter.