Racine v. Canadore College of Applied Arts & Technology, 2010 HRTO 1441

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Olga Racine

Applicant

-and-

Canadore College of Applied Arts & Technology, Canadore College of Applied Arts and Technology Board of Governors, Shawn Chorney, Linda Turcotte, Sonja Courchesne, Cheryl Russell and Patti Stencell

Respondents

INTERIM DECISION

Adjudicator: Kathleen Martin

Date: June 30, 2010

Indexed as: Racine v. Canadore College of Applied Arts & Technology

1This is an Application filed on March 31, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision deals with the issue of whether the Application should be deferred pending the completion of a related grievance proceeding.

2The applicant indicates that the facts of the Application are part of a union grievance proceeding that is still in progress and requests deferral of the Application.

3On June 9, 2010, the Tribunal delivered the Application to the respondents and the affected union and sought submissions on the request to defer. The organization respondent Canadore College of Applied Arts and Technology and the applicant’s union have filed submissions agreeing to deferral of the Application on the basis that there is an ongoing grievance(s) currently before an arbitrator addressing substantially the same subject matter as that set out in the Application. The other respondents have not responded and the time for providing submissions has elapsed.

4Having regard to the material filed and the parties’ submissions, the Application will be deferred pending the conclusion of the grievance proceeding.

5The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the procedure by which the Application may be brought back on after the conclusion of the grievance proceeding.

6I am not seized.