Bhol v. Coca Cola Enterprise, 2011 HRTO 1523

Human Rights Tribunal of Ontario

BETWEEN:

Zuber Bhol Applicant

• and -

Coca Cola Enterprise, Iowanna Chis, Cem Erim and Mike LeClair Respondents

INTERIM DECISION

Adjudicator: Ian R. Mackenzie Date: August 15, 2011 Citation: 2011 HRTO 1523 Indexed as: Bhol v. Coca Cola Enterprise

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination in employment on the basis of race and disability. The Application was filed on June 16, 2011.

2A Notice of Intent to Dismiss (NOID) was issued by the Tribunal on July 15, 2011. The Tribunal stated that it would consider whether the Application should be dismissed as being outside of its jurisdiction because the Application was filed more than one year after the last incident of discrimination described in the Application. In his original Application, the applicant stated that the last event was on May 20, 2010.

3The applicant submitted a revised Application on July 28, 2011 with a revised date of the last event of August 13, 2010. He stated that he had put in the wrong date on the original Application form and that it should have been his date of termination of employment, August 13, 2010. The date of the termination of his employment was included in the narrative attached to his original Application.

4Some of the allegations described in the Application occurred more than a year prior to the filing of the Application. However, it is not plain and obvious that these allegations are untimely, in light of the amended Application. It is therefore not appropriate to dismiss the Application. This is not a final determination on delay.

5In his Application, the applicant refers to grievance processes and a scheduled arbitration. He identifies the bargaining agent as the Canadian Autoworkers (CAW), Local 385. The status of those grievance proceedings is not clear. Accordingly, a Notice of Intent to Defer the Application will be issued to the applicant and all respondents, along with a copy of the amended Application. The respondents do not need to provide a Response until such time as the possible deferral of the Application has been addressed by the Tribunal.

6The union will be provided notice as an affected party. The applicant is directed to provide a contact address for the union.

7The Tribunal makes the following orders:

a. A Notice of Intent to Defer the Application will be issued to all parties

b. The applicant will provide a contact address for the union and the union will be provided with notice of the Application and the Notice of Intent to Defer.

8I am not seized.