Loni Markell v. Ottawa Hospital General Campus and Michael Cuddihy, 2010 HRTO 437

Human Rights Tribunal of Ontario

B E T W E E N:

Loni Markell Applicant

-and-

Ottawa Hospital General Campus and Michael Cuddihy Respondents

INTERIM DECISION

Adjudicator: Brian Cook Date: February 25, 2010 Citation: 2010 HRTO 437 Indexed as: Markell v. Ottawa Hospital

1This is an Application filed on September 30, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision deals with the issue of whether the Application should be deferred pending the completion of a related grievance proceeding.

2The applicant indicates in the Application that the facts of the Application are part of a union grievance proceeding that is going to arbitration. She asks that the Tribunal defer consideration of the Application until the grievance procedure has been completed.

3The respondents agree that the Tribunal should defer consideration of the Application until the grievance procedure has been concluded. The Tribunal sent a copy of the Application to the Ontario Nurses Association, Local 83, the applicant’s union. No submissions have been received from the union.

4The Tribunal may defer consideration of an application, on such terms as it may determine, and on its own initiative (Rule 14.1). The Tribunal has generally deferred applications where there is an ongoing grievance under a collective agreement based on the same facts and human rights issues.

5In this case, the applicant and the respondents agree that the Tribunal should defer consideration of the Application until the grievance procedure has been concluded. There is no apparent reason not to defer and the Application will therefore be deferred pending the completion of the grievance process.

6The 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.