Human Rights Tribunal of Ontario
B E T W E E N:
Paula Warren
Applicant
-and-
Martinrea Fabco Metallic Canada Inc.
Respondent
INTERIM DECISION
Adjudicator: Judith Keene
Indexed as: Warren v. Martinrea Fabco Metallic Canada
1In a previous Interim Decision, 2010 HRTO 2043, the Tribunal deferred this Application pending the conclusion of arbitration proceedings. On November 16, 2010, the applicant filed a Request for Order to proceed under Rule 14.3, on the basis that her arbitration hearing had been put off until March 31, 2011. The applicant gave no further information as to why she applied at this time to continue with the Application. Neither the respondent nor the applicant’s Union has made submissions, and the time for doing so has passed.
2In the Interim Decision, the Tribunal deferred the Application “pending the completion of the grievance process”. The arbitration hearing is just over three months away. In the circumstances, the Request to proceed with the Application is denied without prejudice to the applicant’s right to reapply to have the Application brought back on if there is another adjournment of the grievance arbitration, or if there are other reasons that would make it important that the Application be continued prior to the completion of the grievance process.
3As noted in the Interim Decision, Rules 14.3 and 14.4 outline the procedure by which the Application may be brought back on after the conclusion of the grievance process. The Union’s Request to Intervene and the applicant’s Request for Order to amend the Application will be dealt with by the Tribunal should the Application be brought back on.
4I am not seized of this matter.
Dated at Toronto, this 4th day of January, 2011.
”signed by”__________
Judith Keene
Vice-chair