Eli Clyne v. Ford Motor Company of Canada, 2009 HRTO 821

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Eli Clyne

Applicant

-and-

Ford Motor Company of Canada

Respondent

INTERIM decision

Adjudicator: Mary Truemner

Date: June 10, 2009

Citation: 2009 HRTO 821

Indexed as: Clyne v. Ford Motor Company

1This is an Interim Decision in respect of an Application filed on February 13, 2009, 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 ground of sexual orientation.

2The applicant alleges that his employer, the respondent, terminated him in a discriminatory manner, and has filed a grievance through his union. The respondent has indicated that the grievance is awaiting arbitration, and has asked that the Application be deferred pending the completion of the grievance process. The applicant has consented to the deferral.

3The Tribunal will generally defer an application where there is an ongoing grievance under a collective agreement based on the same facts and issues, although 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. In this case, the parties have not identified any circumstances that would cause the Tribunal to depart from its normal approach. The facts and issues raised by this Application are part of a grievance process that is in progress. The Supreme Court of Canada has affirmed that grievance arbitrators have not only the power but also the responsibility to implement and enforce the substantive rights and obligations of human rights and other employment-related statutes as if they were part of the collective agreement: Parry Sound Social Services Administration Board v. O.P.S.E.U., Local 342, 2003 SCC 42.

4In the circumstances, including the applicant’s consent, the Tribunal determines that it is appropriate to defer the Application pending completion of the grievance proceeding.

5I am not seized of this matter.