Margaret Warrick v. Service Employees International Union, CLC, 2009 HRTO 58

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Margaret Warrick

Applicant

-and-

Service Employees International Union, CLC

Respondent

INTERIM DECISION

Adjudicator: Mary Truemner

Date: January 16, 2009

Citation: 2009 HRTO 58

Indexed as: Warrick v. Service Employees International Union

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). This Interim Decision deals with the request by the respondent to defer this proceeding until grievance arbitrations filed on behalf of the applicant by her union have been dealt with in accordance with the collective agreement.

2The 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.

3The applicant has stated that the facts of her Application are part of the grievance proceedings, that the grievance proceedings also involve the age discrimination alleged in her Application, and that she consents to the deferral as requested by the respondent.

4In these circumstances, the Tribunal orders the deferral of this Application pending the conclusion of the grievance arbitration. 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 grievances have been concluded.

5I am not seized of this matter.