Lesley Bywater v. Wolf Steel Ltd. et al., 2009 HRTO 2184

Human Rights Tribunal of Ontario

B E T W E E N:

Lesley Bywater Applicant

-and-

Wolf Steel Ltd., Christina Hitch and Wolfgang Schroeter Respondents

INTERIM DECISION

Adjudicator: Alan Whyte Date: December 16, 2009 Citation: 2009 HRTO 2184 Indexed as: Bywater v. Wolf Steel

1In this Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code"), the applicant alleges discrimination in employment on the basis of sex arising out of the termination of her employment one month prior to her return from pregnancy leave.

2In her Application, the applicant states that she has commenced a proceeding under the Employment Standards Act, 2000, S.O. 2000, c.41 ("ESA") arising from her termination, but she does not request that her Application be deferred pending the outcome of that proceeding. In the Response, the respondents also refer to the applicant's complaint under the ESA, however, the respondents did not request that this Application be deferred pending the outcome of the ESA complaint.

3Both the applicant's ESA complaint and this Application arise out of the applicant's termination of employment during the course of her pregnancy leave, and therefore there appear to be common facts and possibly common issues. The Ministry of Labour, which processes ESA complaints, has extensive powers under the ESA including reinstatement if a breach of the ESA is found, as does the Tribunal acting under the Code.

4In the circumstances, there is an issue as to whether or not deferral is appropriate. The Tribunal may defer consideration of an application on its own initiative, under Rule 14.1 of the Tribunal's Rules. Pursuant to Rule 14.2, where the Tribunal intends to defer consideration of an application it will first give the parties notice of its intention to consider deferral and an opportunity to make submissions.

5The Tribunal therefore directs the applicant to provide submissions to the respondents and the Tribunal regarding whether the Application should be deferred pending the outcome of the ESA proceeding, by January 8, 2010. The respondents are directed to provide submissions on the issue of deferral to the applicant and the Tribunal by January 15, 2010.

6Following receipt of the submissions, the Tribunal may decide whether or not to defer this Application and/or will issue any necessary directions.

7I am not seized of this matter.