HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Francesco Fazari
Applicant
-and-
Toronto Community Housing Corporation, Andy Schewchuck and Pat Milana
Respondents
INTERIM DECISION
Adjudicator: Judith Keene
Indexed as: Fazari v. Toronto Community Housing Corporation
INTRODUCTION
1This is an Interim Decision in respect of an Application filed April 19, 2010, 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. The applicant made a request to defer the Application pending the resolution of grievance.
2In a letter to the parties and to the applicant's union as an entity affected by the Application, the Registrar stated that the applicant had made a request to defer and invited submissions as to whether the Application should or should not be deferred pending the conclusion of the grievance and arbitration procedure. The respondents 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.
4In 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.
5I am not seized of this matter.
Dated at Toronto, this 25th day of August, 2010.
“Signed by”
Judith Keene
Vice-chair