Wade Stevenson v. Her Majesty the Queen in right of Ontario as represented by the Ministry of Health and Long-term Care, 2010 HRTO 179

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wade Stevenson

Applicant

-and-

Her Majesty the Queen in right of Ontario as represented by the Ministry of Health and Long-term Care

Respondent

INTERIM DECISION

Adjudicator: Alan Whyte

Date: January 26, 2010

Citation: 2010 HRTO 179

Indexed as: Stevenson v. Ontario (Health and Long-term Care)

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), which alleges discrimination in employment on the basis of sex.

2The applicant named "Ministry of Health and Long-term Care" as a respondent. The Tribunal has amended the name of the respondent to reflect the proper designation of a provincial government Ministry.

3The applicant self-identifies as a gender variant person and alleges that the respondent, the employer, will not alter certain employment records which record information in a gender binary fashion.

4The applicant is a member of an OPSEU bargaining unit and has filed a grievance which is based on the same facts as alleged in this Application. The applicant indicated in the Application that he wished to defer the Application pending the outcome of the grievance process.

5OPSEU has filed submissions with the Tribunal which confirm the union’s support for the applicant’s deferral request and which indicate that arbitration proceedings before the Grievance Settlement Board commenced on October 20, 2009. Despite being invited to do so by a letter dated November 19, 2009 from the Registrar of the Tribunal, the respondent has made no submissions on the deferral request.

6It is clear that the same facts and issues as are raised in this Application are currently being dealt with in a grievance/arbitration process. In the circumstances, and given the consent to deferral provided by the applicant and the applicant's bargaining agent, the Tribunal grants the applicant’s request for deferral of this Application pending the outcome of the grievance/arbitration proceedings currently underway.

7The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the procedure by which the Application may be brought back on after the conclusion of the grievance process.

8I am not seized.