Pauline Kench v. Automodular Assemblies Inc., 2009 HRTO 2106

Human Rights Tribunal of Ontario

B E T W E E N:

Pauline Kench

Applicant

-and-

Automodular Assemblies Inc.

Respondent

INTERIM DECISION

Adjudicator: Brian Cook

Date: December 4, 2009

Citation: 2009 HRTO 2106

Indexed as: Kench v. Automodular Assemblies

1This Application was filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on August 11, 2008, and alleges discrimination in employment on the grounds of disability. The Application was deferred by the Tribunal in Interim Decision 2008 HRTO 188 because there was an ongoing grievance. This Interim Decision deals with the applicant's Request filed on September 25, 2009, seeking to re-activate the Application.

2The applicant's union is the National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Local 1090. In her Request the applicant indicated that she did not agree to a July 30, 2009 settlement of the grievance that was negotiated on her behalf by her union. She subsequently provided a copy of a letter from the president of the union local, dated October 8, 2009, which confirms that the applicant has not accepted a settlement and that the union "will not be pursuing this issue any further." It appears that the grievance proceeding has been completed

3No response to the Request has been received from the respondent or the union.

4In these circumstances, the Tribunal will re-activate the Application. The respondent is now required to file a Response to an Application (Form 2) within 35 days of the date of this Interim Decision.

5The applicant has also filed a Request for Order During Proceedings regarding her representative. A Request for Order During Proceedings is not required to change representatives.

6I am not seized of this matter.