Rui Pacheco v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, 2011 HRTO 1088

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rui Pacheco

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: June 6 2011

Citation: 20011 HRTO 1088

Indexed as: Pacheco v. Ontario (Community Safety and Correctional Services)

1The applicant filed this Application on April 4, 2011, alleging discrimination in employment on the basis of disability, race, ancestry, place of origin, ethnic origin, record of offences and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In his Application, the applicant advised that he filed a grievance on February 17, 2011 concerning the same subject matter as his Application. He is a police officer with the Ontario Provincial Police and a member of Ontario Provincial Police Association (“OPPA”). The applicant indicated that he was prepared to defer his Application pending the outcome of his grievance. On April 20, 2011, the Tribunal sent the parties and the OPPA a Notice of Intent to Defer, seeking their written submissions on deferral.

3In the meantime, the OPPA advised the applicant and respondent that it would not be pursuing his grievance to arbitration. The respondent filed written submissions in which it asked the Tribunal to defer, instead, to the duty of fair representation application brought by the applicant under s. 74 of the Labour Relations Act (“LRA”).

4The applicant filed written submissions in response to the respondent’s request indicating that the OPPA had written to him and advised him that as a police officer, the LRA “has no applicability to a member of the police force within the meaning of the Police Services Act. Since then the Ontario Labour Relations Board has dismissed his application under the LRA .

5In the circumstances, there does not appear to be a proceeding to which this Tribunal might appropriately defer the Application. Accordingly, the Application will proceed at this time.

6I am not seized of this matter.