James v. Bohbot, 2010 HRTO 1471

Human Rights Tribunal of Ontario

B E T W E E N:

Nerissa James

Applicant

-and-

Yoav Bohbot

Respondent

INTERIM DECISION

Adjudicator: Sherry Liang

Date: July 7, 2010

Citation: 2010 HRTO 1471

Indexed as: James v. Bohbot

1This is an Application filed on March 24, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). In the Application, the applicant indicated that the facts of the Application are part of another proceeding. She also suggested that there was a union grievance in progress. By letter dated May 27, 2010, the Tribunal requested the parties’ submissions on whether it may be appropriate to defer the consideration of the Application pending the resolution of another legal proceeding dealing with the subject-matter of the Application.

2The Tribunal received submissions from the parties, as well as from the affected party the Service Employees International Union, Local 1 Canada (SEIU). In a Case Assessment Direction dated June 16, 2010, the Tribunal stated that it requires more information from the parties in order to determine whether it is appropriate to defer. It directed the parties to advise whether there are any grievances outstanding with respect to the applicant’s employment and if so, the status of those grievances.

3No party has advised the Tribunal that there are any grievances in progress. Rather, it appears that the applicant has filed an application against the union under section 74 of the Labour Relations Act, 1995 S.O. 1995, c. 1, Sched. A, as amended (LRA).

4The material before me does not establish that the application under the LRA will deal with the facts and issues in this Application. The fact that the applicant has initiated a proceeding against her union in another forum does not support deferral of this Application against her former employer.

5The Application will therefore continue to be processed.

6I am not seized of this matter.