HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ariam Gomez
Applicant
-and-
Sobeys Milton Retail Support Centre
Respondent
INTERIM DECISION
Adjudicator: David A. Wright
Indexed as: Gomez v. Sobeys Milton Retail Support Centre
1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The applicant alleges that the respondent discriminated against him on the basis of disability in employment, contrary to s. 5 of the Code.
2The Application refers to events that took place between 2004 and 2010. It also identifies that the applicant filed a grievance relating to these events through his union, the United Food and Commercial Workers Canada, Local 175, which went to arbitration and was dismissed by Arbitrator William Marcotte on March 8, 2010. By letter dated July 8, 2010, the Registrar advised the parties that the respondent was not required to file a response, and that a hearing would be scheduled to hear arguments on whether the Application is barred because of delay, pursuant to s. 34 of the Code, and/or should be dismissed under s. 45.1 as a result of the arbitration decision of Arbitrator Marcotte. See Sobeys Milton Retail Support Centre v. United Food and Commercial Workers Canada Local 175, [2010] O.L.A.A. No. 131 (QL). The hearing on these issues has now been scheduled to take place on November 15, 2010.
3It appears that this Application raises significant issues regarding the interpretation of the time limits in s. 34 of the Code and s. 45.1. I note that the interpretation of s. 45.1, and the meaning of the word "appropriately" in that section, has been the subject of some recent decisions of the Tribunal. See, among others, Trozzi v. College of Nurses of Ontario, 2010 HRTO 1892; Barker v. Service Employees International Union, 2010 HRTO 1921; and McNally v. OPSEU Pension Trust, 2010 HRTO 1929.
4It would be of assistance to the Tribunal if the parties filed written legal submissions on these issues two weeks in advance of the hearing, together with any cases upon which they intend to rely.
5A copy of this Interim Decision shall be sent to the Ontario Human Rights Commission and the Ontario Labour-Management Arbitrators' Association. Should either of them, the applicant's Union, or any other organizations wish to intervene, they shall file their Request to Intervene by October 25, 2010.
Dated at Toronto, this 1st day of October, 2010.
"signed by"____________
David A. Wright
Interim Chair