Gayowsky v. Windsor Essex Catholic District School Board, 2010 HRTO 163

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karen Gayowsky

Applicant

-and-

Windsor Essex Catholic District School Board,

Paul Picard, and Paulette Littlejohns

Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: January 27, 2010

Citation: 2010 HRTO 163

Indexed as: Gayowsky v. Windsor Essex Catholic District School Board

1The applicant filed an Application with the Tribunal alleging discrimination in employment on the basis of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). In essence, the applicant is alleging that the respondents repeatedly failed to provide reasonable accommodation measures regarding her disability.

2The applicant has also filed a grievance under a collective agreement in which she alleges that the employer has breached the Code, a duty to accommodate policy, and a letter of understanding regarding modified work and accommodation.

3In their Response, the respondents have asked that the Application be deferred pending the outcome of a grievance proceeding and an ongoing matter before the Workplace Safety and Insurance Board (“WSIB”). However, neither party has advised the Tribunal of the status of these two proceedings.

4The applicant has not filed a Reply and the time for doing has elapsed.

5As it appears that the applicant’s union, the Canadian Auto Workers, Local 2458 (“Union”), has not been served with the Application or the Response, the Registrar will provide a copy of this Interim Decision, the Application and the Response to the Union.

6Within seven days of the date of this Interim Decision, the respondents will provide written submissions to the Tribunal, the applicant and the Union setting out the status of the grievance and the WSIB proceeding and explaining why they feel a deferral is appropriate in the circumstances.

7Within 14 days of the date of this Interim Decision, the applicant and the Union may provide written submissions to the Tribunal, the respondents and each other commenting on the status of the proceedings and the appropriateness of a deferral.

8I am not seized of this matter.