Cross v. Quinte Healthcare, 2010 HRTO 17

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lori Cross Applicant

-and-

Quinte Healthcare Corporation Respondent

INTERIM DECISION

Adjudicator: Naomi Overend Date: January 5, 2010 Citation: 2010 HRTO 17 Indexed as: Cross v. Quinte Healthcare

1This Interim Decision deals with the applicant’s request to defer her Application until such time as her grievance filed by the Ontario Nurses’ Association (“ONA”) has been completed. The respondent concurs with the deferral request. Currently the grievance is before an arbitrator, although that arbitration has been adjourned to allow the parties to attempt to resolve the matter.

2The Tribunal will generally defer an application where there is an ongoing grievance under a collective agreement based on the same facts and issues: see for example, Krieger v. Toronto Police Services Board, 2008 HRTO 183.

3In the circumstances of this case, the Tribunal concurs with the parties’ position that it is appropriate to defer consideration of this Application until the grievance arbitration process is concluded. Accordingly, the Tribunal orders that this Application be deferred pending the conclusion of the grievance arbitration process.

4The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the process by which a party may request, in accordance with Rule 19, the Tribunal to proceed with an application after the conclusion of another process.

5I am not seized of this matter.