HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Cindy Haddow

Applicant

-and-

Collingwood General and Marine Hospital

Respondent

INTERIM DECISION

Adjudicator: Judith Keene

Date: June 30, 2010

Citation: 2010 HRTO 1447

Indexed as: Haddow v. Collingwood General and Marine Hospital

INTRODUCTION

1This is an Interim decision in respect of an Application filed September 30, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The Application alleges discrimination in employment on the ground of disability.

2In an Interim Decision dated May 4, 2010, (2010 HRTO 975, the Tribunal requested submissions with respect to whether the applicant and her trade union agreed that the Tribunal ought to defer consideration of the Application pending the conclusion of the grievance and arbitration procedure in respect of the applicant’s 2009 grievances. Both applicant and respondent have agreed to deferral, and it appears that the union is also in agreement.

3The Tribunal may defer consideration of an Application, on such terms as it may determine, on its own initiative or at the request of any party (Rule 14.1). The Tribunal will generally defer an Application where there is an ongoing grievance under a collective agreement based on the same facts and issues. However, the Tribunal must also consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the Application.

[4] In the circumstances of this case, the Tribunal orders the deferral of this Application pending the conclusion of the grievance arbitration process. The 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 grievances have been concluded.

[5] I am not seized of this matter.