Kim Lalonde v. OMNI Healthcare Limited Partnership, 2010 HRTO 869

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kim Lalonde

Applicant

-and-

OMNI Healthcare Limited Partnership

Respondent

INTERIM DECISION

Adjudicator: Brian Cook

Date: April 21, 2010

Citation: 2010 HRTO 869

Indexed as: Lalonde v. OMNI Healthcare

1Consideration of the Application has been deferred, pursuant to Interim Decision 2009 HRTO 607. The Application was deferred because there was an ongoing grievance procedure. The applicant is now requesting that the Application be brought back (“the Request”). The respondent opposes the Request.

2The applicant is clearly frustrated with what she perceives as the slow progress of the grievance. She has not worked since December 2008. A grievance filed at that time has not been resolved and she is concerned about the excessive delay.

3In the Response to the applicant’s Request, the respondent advises that the grievance is still proceeding. Subsequent to the Tribunal’s Interim Decision deferring the Application, an arbitrator has been selected. The parties to the grievance agreed that an Independent Medical Examination (“IME”) should be conducted. There has been delay in reaching an agreement about which doctor should conduct the IME and in scheduling an appointment. However, an appointment has now been scheduled.

4While the applicant’s frustration with the grievance procedure is apparent and understandable, it is clear that the process is continuing. The arbitrator will have the power to deal with the issues raised in the grievance which include the issues raised in the Application.

5For these reasons, I must conclude that it is not appropriate to bring back the Application at this time.