Timothy Sander v. Coca-Cola Bottling Company, 2010 HRTO 117

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Timothy Sander Applicant

-and-

Coca-Cola Bottling Company Respondent

INTERIM DECISION

Adjudicator: Alan Whyte Date: January 19, 2010 Citation: 2010 HRTO 117 Indexed as: Sander v. Coca-Cola Bottling

1This Interim Decision will provide directions for the determination of the respondent’s request for dismissal on the basis that another proceeding has appropriately dealt with the issues in dispute.

2In its earlier Interim Decision, 2009 HRTO 1826, the Tribunal directed the applicant to file a Reply which addressed the above issue. That document has now been received and reviewed.

3The applicant is a member of a bargaining unit represented by the C.A.W. and its Local 1575. The respondent characterizes the essence of the Application to be a complaint that the applicant was passed over for promotion a number of times, a characterization that is not disputed by the applicant in the Reply. The respondent says that a grievance was filed by the applicant’s bargaining agent on November 24, 2008 which raises the same issues and which makes direct reference to discrimination and the Human Rights Code. The respondent also submits that the grievance was settled on April 15, 2009 through mediation and points out that the settlement was reduced to writing and signed by representatives of the respondent and the bargaining agent. The respondent says that the settlement fully and finally resolved all issues including the issues now being pursued by the applicant in the Application.

4The Applicant states in the Reply that the company representatives at the mediation refused to properly discuss the issues in the grievance, that he was left out of discussions between the bargaining agent and the respondent, that the respondent was told at mediation that he would be filing “a case with Human Rights”, that the grievance settlement did not resolve all the issues in the grievance and that he did not sign the Terms of Settlement of the grievance.

5The Tribunal requires further information and submissions before deciding the respondent’s request for dismissal. The Registrar will schedule a one and a half-hour teleconference during which the respondent will proceed first by making submissions in support of its request for dismissal, the applicant will have an opportunity to respond, and the respondent will have a brief right of reply. The Vice-chair may ask questions designed to clarify the positions of the parties during the course of the teleconference.

6I am not seized.