Bywater v. Wolf Steel Ltd., 2010 HRTO 180

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lesley Bywater Applicant

-and-

Wolf Steel Ltd., Christina Hitch and Wolfgang Schroeter Respondents

INTERIM DECISION

Adjudicator: Alan Whyte Date: January 26, 2010 Citation: 2010 HRTO 180 Indexed as: Bywater v. Wolf Steel

1In this Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”), the applicant alleges discrimination in employment on the basis of sex arising out of the termination of her employment one month prior to her return from pregnancy leave.

2The Tribunal identified a deferral issue in relation to an application made by the applicant under the Employment Standards Act, 2000, S.O. 2000, c. 41, as amended (the “ESA”), which was based on the same facts and raised similar issues as those in this Application. The Tribunal called for submissions from the parties on the deferral issue in its earlier Interim Decision 2009 HRTO 2184. The applicant made submissions but the respondents have not done so.

3In her submissions, the applicant states that there will be a meeting with a Labour Board officer (more likely an Employment Standards officer) on January 7, 2010, and she consents to a deferral of her Application until after that meeting.

4None of the parties have communicated to the Tribunal the outcome of that meeting. Given the similarity in the factual basis and legal issues which arise in the two proceedings, the Tribunal is of the view that deferral of this Application is appropriate in the circumstances, pending the final determination of the ESA proceedings.

5The 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 ESA process.

6I am not seized.