Kimberley Palmer v. Woods Park Care Centre, 2010 HRTO 748

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kimberley Palmer

Applicant

-and-

Woods Park Care Centre

Respondent

INTERIM DECISION

Adjudicator: Mary Truemner

Date: April 1, 2010

Citation: 2010 HRTO 748

Indexed as: Palmer v. Woods Park Care Centre

1This Interim Decision deals with the respondent’s Request that the Application be deferred.

BACKGROUND

2The Application was initially deferred by Interim Decision, 2009 HRTO 1546, because the applicant had filed a grievance dealing with the issues giving rise to the Application. The applicant withdrew the grievance, and filed a Request for Order During Proceedings, indicating that she wished to proceed with the Application. On November 9, 2009, the Tribunal issued a decision allowing the Application to proceed, 2009 HRTO 1903.

3The respondent has now requested that the Application be deferred again because the applicant has filed a new grievance regarding the same discrimination. The applicant has recently consented to the deferral.

DECISION

4The Tribunal will generally defer an application where there is an ongoing grievance under a collective agreement based on the same facts and issues: see, for example, Krieger v. Toronto Police Services Board, 2008 HRTO 183. In these circumstances, where the applicant has consented to the deferral, the Tribunal finds the most fair, just and expeditious approach is to defer consideration of this Application. Accordingly, the Tribunal orders that this Application be deferred pending the conclusion of the grievance arbitration process.

5The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the process by which a party may request, in accordance with Rule 19, the Tribunal to proceed with an application after the conclusion of another process.

6I am not seized of this matter.