Kimberley Palmer v. Woods Park Care Centre, 2009 HRTO 1903

Human Rights Tribunal of Ontario

B E T W E E N:

Kimberley Palmer Applicant

-and-

Woods Park Care Centre Respondent

INTERIM decision

Adjudicator: Brian Cook Date: November 9, 2009 Citation: 2009 HRTO 1903 Indexed as: Palmer v. Woods Park Care Centre

1This Interim Decision deals with a Request to Intervene filed by the Service Employees International Union, Local 1 Canada (“the union”), and a request by the applicant that she be allowed to proceed with her Application.

2Consideration of the Application was deferred by Interim Decision 2009 HRTO 1546, because the applicant had filed a grievance dealing with the issues giving rise to the Application. The applicant has now withdrawn the grievance. In accordance with the Tribunal’s Rules, she has filed a Request for Order During Proceedings, indicating that she wishes to proceed with the Application.

3Since the Application was deferred because there was an ongoing grievance, and since the grievance has now been withdrawn, the Application may proceed.

4With regard to the Request to Intervene that has been filed by the union, I note that at the time it was filed, the grievance was being actively pursued. The Request to Intervene addresses only the deferral issue and does not address the merits of the Application. The union submitted that the Application should be deferred because of the grievance. Now that the grievance has been withdrawn, the union must file a new Request to Intervene if it wishes to participate in the Application.

5I am not seized of this matter.