Human Rights Tribunal of Ontario
B E T W E E N:
Lacey Appleton Applicant
-and-
Coca Cola Bottling Company, Jazmin Kozlowsky and Paul Moriarty Respondents
INTERIM DECISION
Adjudicator: Alan Whyte Date: November 25, 2009 Citation: 2009 HRTO 2023 Indexed as: Appleton v. Coca Cola Bottling
1An Interim Decision was issued in this matter on November 24, 2009 (Appleton v. Coca Cola Bottling 2009 HRTO 1998) which addressed the respondents’ preliminary objections that the Application should be dismissed pursuant to section 45.1 of the Code, or in the alternative, should be deferred pending the outcome of the grievance/arbitration process.
2At paragraph 3 of the Interim Decision, it was stated that the applicant had filed no submissions with respect to the respondents’ requests. In fact, the applicant had filed a Response to a Request for an Order in Form 11 on November 9, 2009. This document was not before me at the time of writing of the above mentioned Interim Decision.
3The applicant has made extensive submissions with respect to both preliminary objections advanced by the respondents.
4I have reviewed and considered these submissions in full. In my view, it is still necessary to obtain the information sent out at paragraph 12 of the Interim Decision from the union with respect to the section 45.1 and deferral issues. The union is a party to the collective agreement and has carriage of the applicant’s grievance, and it is therefore relevant for the Tribunal to know what the union's position is on the settlement of the grievance, and as well, what the exact status of that grievance is.
5The directions to the parties set out at paragraphs 12 and 13 of the Interim Decision are therefore confirmed.
6I am not seized.
Dated at Toronto this 25 day of November, 2009.
“Signed By”
________________________
Alan Whyte Vice-chair