Tara Frater v. North York General Hospital, 2009 HRTO 334

Human Rights Tribunal of Ontario

B E T W E E N:

Tara Frater

Applicant

-and-

North York General Hospital, Cathie Badeau, Shirley Godward and Susan Rudman

Respondents

INTERIM DECISION

Adjudicator: Jay Sengupta Date: March 20, 2009 Citation: 2009 HRTO 334 Indexed as: Frater v. North York General Hospital

1This is an Interim Decision in respect of an Application filed November 28, 2008, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges reprisal in the area of employment following an attempt by the applicant to enforce her rights under the Code.

2This Interim Decision deals with deferral of this proceeding until a grievance filed on behalf of the applicant has been dealt with in accordance with the collective agreement. Both applicant and respondent have agreed to deferral.

3The Tribunal may defer consideration of an application, on such terms as it may determine, on its own initiative or at the request of any party (Rule 14.1). The Tribunal will generally defer an application where there is an ongoing grievance under a collective agreement based on the same facts and issues. However, the Tribunal must also consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the application.

4In the circumstances of this case, the Tribunal orders the deferral of this Application pending the conclusion of the grievance arbitration process. The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the process by which the Application may be brought back on after the grievance has been concluded.

5I am not seized of this matter.