Tracey Fitzgerald v. The City of Hamilton, Anne Kayler, Kathy Thompson and Pat Edwards, 2010 HRTO 1210

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tracey Fitzgerald

Applicant

-and-

The City of Hamilton, Anne Kayler, Kathy Thompson and Pat Edwards

Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: May 31, 2010

Citation: 2010 HRTO 1210

Indexed as: Fitzgerald v. Hamilton (City)

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), in which she alleges discrimination in the context of employment on the basis of creed.

2The respondents deny the allegations of discrimination and seek the deferral of the Application because of an ongoing grievance proceeding. The applicant has not filed a Reply and the time for doing so has elapsed.

3In response to an earlier Interim Decision, 2010 HRTO 1034, the applicant’s union, the Canadian Union of Public Employees (“Union”), has filed submissions regarding the deferral issue.

REQUEST TO DEFER

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

5Based on the materials filed with the Tribunal, I conclude that there is significant overlap in the subject matter of the Application and that of the grievance. Moreover, the Union has advised that the grievance is scheduled to proceed to arbitration beginning July 16, 2010.

6In the circumstances, it is appropriate to defer this Application pending the completion of the grievance proceeding. I am influenced by the overlap in subject matter and the fact that the grievance is at an advanced stage.

7The 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 civil proceeding has been concluded.

8I am not seized of this matter.