Denise Robert v. Temagami Co-operative Inc., 2010 HRTO 2256

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Denise Robert

Applicant

-and-

Temagami Co-operative Inc.

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: November 12, 2010

Citation: 2010 HRTO 2256

Indexed as: Robert v. Temagami Co-operative

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment on the basis of disability.

2The respondent seeks dismissal of the Application under s. 45.1 of the Code on the basis that another proceeding, an internal investigation, has appropriately dealt with the substance of the Application.

3There is no merit to the respondent’s Request for dismissal pursuant to s. 45.1 of the Code. Section 45.1 reads as follows:

The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

4It is well-established in Tribunal jurisprudence that an internal employer process is not a “proceeding” within the meaning of s. 45.1: Maurer v. Metroland Media Group, 2008 HRTO 200 at para. 11. Accordingly, the Application will not be dismissed under s. 45.1.

5The Application will be placed in the queue to be scheduled for a two-day hearing on the merits.

6I am not seized.