Ashish Saha v. Garda Inc., 2011 HRTO 1439

Human Rights Tribunal of Ontario

Between:

Ashish Saha Applicant

-and-

Garda Inc. Respondent

INTERIM DECISION

Adjudicator: Sherry Liang Date: August 2, 2011 Citation: 2011 HRTO 1439 Indexed as: Saha v. Garda

1On May 17, 2011, I issued a decision ordering deferral of the Application pending the completion of a related grievance process.

2The applicant has filed a Request for Reconsideration, asking that I reconsider the decision to defer the Application.

3The applicant’s union has filed a Request to Intervene in the Application stating that it is in agreement with the position taken by the applicant in his request. No party has filed a response to the union’s request. The request to intervene is granted. If the matter proceeds to a hearing, the Vice-chair assigned to hear the Application may determine the extent and nature of the union’s participation.

4With respect to the applicant’s request, only final decisions of the Tribunal can be the subject of a Request for Reconsideration. A decision to defer an application pending the completion of other related legal proceedings is not a final decision.

5I will, however, consider whether there are reasons to re-activate the Application. There may be circumstances where an Application that has been deferred ought to be re-activated, even before the completion of the other legal proceedings. But in this instance, the applicant has not cited any new circumstances that should give rise to re-activation. The facts the applicant relies on in support of the request are not new and there is nothing to suggest that he could not have obtained them earlier. In effect, the applicant’s submissions amount to further and more detailed argument on his position that the Application should not be deferred.

6The Application will therefore continue to be deferred pending the completion of the grievance process. The applicant has indicated that he is prepared to withdraw his grievances so that his Application can move forward. If the grievances are withdrawn the applicant may request, on notice to the respondent, that the Application be re-activated.

7The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the procedure by which the parties may request re-activation of the Application after the conclusion of the grievance process.