Benqi Wei v. Seneca College of Applied Arts and Technology and Don Forster, 2009 HRTO 2035

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Benqi Wei

Applicant

-and-

Seneca College of Applied Arts and Technology and Don Forster

Respondents

INTERIM DECISION

Adjudicator: Sunil Kapur

Date: November 27, 2009

Citation: 2009 HRTO 2035

Indexed as: Wei v. Seneca College of Applied Arts and Technology

1The applicant filed an Application under s. 53(5) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) on June 20, 2009. The Application involves allegations by the applicant that he was discriminated against in employment by the respondents. The allegations contained in the Application all arise out of workplace disputes between the applicant and the respondents. This Interim Decision deals with the respondents’ request to defer the Application pending the outcome of a hearing under a collective agreement between Seneca College of Applied Arts and Technology and the union representing the applicant.

2The applicant has a number of grievances that are currently before an arbitration board chaired by Robert Howe. The grievances raise substantially the same facts and issues that the applicant is raising in this Application. The Tribunal has generally deferred applications where there is an ongoing grievance under a collective agreement based on the same facts and human rights issues.

3In the applicant’s response to the request to defer the Application he confirms that “…the case is proceeding at arbitration.” The applicant’s objection to the deferral is based on his position that “..before it is sure to me that the case is fully and fairly tried at the arbitration, there is no reason to dismiss the case at tribunal”. The respondents are not requesting that the Application be dismissed at this point.

4On reviewing the material filed with the Tribunal and considering the applicant’s submissions, I find no circumstances that would cause the Tribunal to depart from its normal approach.

5The Application will therefore be deferred pending the completion of the grievance process.

6I am not seized of this matter.