Human Rights Tribunal of Ontario
B E T W E E N:
Kevin Law
Applicant
-and-
Organizational Solution Inc. and Kathryn Sinden
Respondents
INTERIM DECISION
Adjudicator: Eric Whist Date: May 21, 2010 Citation: 2010 HRTO 1158 Indexed as: Law v. Organizational Solution
1This is an Application filed on June 3, 2009, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"). By Interim Decision dated August 26, 2009, 2009 HRTO 1323, the Tribunal deferred the Application pending the conclusion of the applicant's grievances.
2On October 21, 2009 the applicant requested that his Application proceed on the grounds that the corporate respondent had denied his grievances at Stage 2 of the grievance process and the applicant would not know for a few months whether the union would proceed to arbitration. By Interim Decision dated December 31, 2009, 2009 HRTO 2285, the Tribunal denied the applicant's request on the basis that there was no indication that his grievances had been concluded.
3In a Request for an Order During Proceedings dated April 22, 2010 the applicant has made a further request for his Application to proceed. The applicant states that the arbitration of his grievances has been adjourned and he believes that the arbitration process may take up to two years. Because of this potential delay the applicant requests that his Application proceed. The respondents and union have not responded to the applicant's request.
4Having regard to the information provided, the applicant's request to proceed at this time is denied. While the applicant may be frustrated with the length of time the grievance/arbitration process has taken this is not a sufficient reason for the Tribunal to reverse its earlier two decisions to defer his Application pending the conclusion of his grievances. The Tribunal's earlier decisions governing the status of the Application remain in effect.
5I am not seized of this matter.
Dated at Toronto, this 21^st^ day of May, 2010.
"Signed by"
__________________________________
Eric Whist
Vice-chair