Lang v. Norfolk (County), 2009 HRTO 847

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sharon Lang

Applicant

-and-

The Corporation of Norfolk County and Bonnie Dingwall

Respondents

INTERIM DECISION

Adjudicator: Alison Renton

Date: June 15, 2009

Citation: 2008 HRTO 847

Indexed as: Lang v. Norfolk (County)

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 applicant to defer this proceeding until grievances 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 grievances have been filed on her behalf, and requests the Tribunal defer this proceeding until her grievances have been dealt with in accordance with the collective agreement. The Tribunal sent the Application to the respondents and the applicant’s union, and requested submissions as to why the consideration of the Application should, or should not, be deferred. The respondents delivered submissions consenting to the deferral as requested by the applicant. The applicant’s union has not delivered submissions and the time limit for filing such submissions has now passed.

4In these circumstances, the Tribunal orders the deferral of this Application pending the conclusion of the grievance procedure. 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.