Jim Hatton v. John Pollock, 2010 HRTO 1335

Human Rights Tribunal of Ontario

Between:

Jim Hatton Applicant

-and-

John Pollock Respondent

Interim Decision

Adjudicator: Brian Cook Date: June 11, 2010 Citation: 2010 HRTO 1335 Indexed as: Hatton v. Pollock

1This Interim Decision deals with an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code").

2In Interim Decision 2009 HRTO 2211, dated December 16, 2009, the Tribunal deferred consideration of the Application pending the conclusion of a grievance filed by the applicant under a collective agreement between the applicant's employer and CUPE Local 4705 (the "union").

3On April 7, 2010, the applicant filed a Request for Order During Proceedings, asking that consideration of the Application be reactivated. He advised that the union has refused to pursue the grievance.

4The respondent submits that the Application should not be reactivated. The respondent indicates that he never received confirmation from the union that the grievance would be pursued. The respondent contends that the grievance procedure was accordingly concluded many months ago and argues that the applicant did not ask that the Application be reactivated within 60 days of the completion of the grievance, as required by Rule 14 of the Tribunal's Rules of Procedure. The respondent does however indicate that the union did not confirm that the grievance was not going to be pursued until February 18, 2010. The applicant filed the Request for Order During Proceedings seeking reactivation of the Application on April 7, 2010, which was within 60 days of the date that the union confirmed that the grievance would not be pursued.

5I conclude that it is appropriate to reactivate the Application.

6The Tribunal will schedule a one day hearing to deal with this Application. The parties are reminded of the Tribunal's Rule 16 and 17 which deal with the disclosure of documents and disclosure of witnesses. The Tribunal's Rules are available from the Tribunal's web site, www.hrto.ca or from the Tribunal's Registrar.

7I am not seized of this matter.