Wendy Goring v. Ontario Public Service Employees Union and Rodger Noakes, 2009 HRTO 317

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wendy Goring

Applicant

-and-

Ontario Public Service Employees Union and Rodger Noakes

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: March 18, 2009

Citation: 2009 HRTO 317

Indexed as: Goring v. Ontario Public Service Employees Union

1This is an Application filed August 27, 2008 under section 53(3) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondents have sought an adjournment of Case Resolution Conference scheduled to proceed on April 23, 2009.

2Following an unsuccessful mediation on February 3, 2009, the parties agreed to the date of April 23, 2009 for the hearing. On March 13, 2009, the respondents wrote to the Tribunal advising that, when they agreed to the date, they were unaware that the OPSEU annual convention was scheduled for that date. They proposed an alternative date of May 26 or May 28, 2009. The applicant refused to consent to the adjournment on the basis that the mediation had already been rescheduled at the request of the respondents. She did not assert that she was unavailable on the alternative dates nor indicate that she would be prejudiced by the one month delay.

3Parties are required to attend mediation prepared to schedule firm dates for a hearing if mediation does not resolve the issues in dispute. Adjournments will not be granted lightly. However, in the present circumstances, in light of the timely request for an adjournment, the offering of dates within approximately one month, and the lack of prejudice, the adjournment request is granted.

4The Case Resolution Conference is adjourned to May 26 or May 28, 2009. The applicant shall advise the Tribunal within 10 days of the date of this Interim Decision of her preference.

5No other deadlines set in this matter are changed.