Tonya Meleca v. Dufferin Peel District School Board, 2009 HRTO 963

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tonya Meleca

Applicant

-and-

Dufferin Peel District School Board and Fred Albi

Respondents

INTERIM DECISION

Adjudicator: Brian Cook

Date: July 9, 2009

Citation: 2009 HRTO 963

Indexed as: Meleca v. Dufferin Peel District School Board

1This Interim Decision deals with a request to defer an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). In her Application, the applicant advises that the Ontario English Catholic Teachers’ Association (OECTA) filed a grievance on her behalf which is in progress. The subject matter of the grievance is substantially the same as the Application.

2Section 45 of the Code confirms the Tribunal’s authority to defer consideration of an application. Under Rule 14 of the Tribunal’s Rules of Procedure, the Tribunal may, on its own initiative, defer consideration of an application after providing notice of its intention to do so to all parties and giving them an opportunity to make submissions.

3Upon receipt of this Application, the Tribunal issued a “Notice of Intent to Defer” on June 1, 2009, which requested submissions from the parties by June 14, 2009 on the question of deferral pending the resolution of the grievance proceeding. The Tribunal has received submissions from the respondents. No submissions have been received from the applicant or the Ontario English Teachers’ Association

4The Tribunal will generally defer an application where there is an ongoing grievance under a collective agreement based on the same facts and issues.

5In this case, the grievance was filed on April 17, 2009 and was referred to arbitration under section 49 of the Labour Relations Act 1995, S.O. 1995, c. 1, Sch. A on May 29, 2009.

6As it appears that there is an arbitration process currently underway, I find that it is appropriate to defer this Application. The Tribunal’s Rule 14.4 sets out the process to be followed if the applicant wishes to proceed with the Application after the grievance has been disposed of or settled.

7I am not seized of this matter.