Marcia Gleiberman v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Government Services and Eric Cohen, 2011 HRTO 1805

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marcia Gleiberman

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Government Services and Eric Cohen

Respondents

INTERIM DECISION

Adjudicator: Brian Cook

Date: October 5, 2011

Citation: 2011 HRTO 1805

Indexed as: Gleiberman v. Ontario (Government Services)

1This is an Application filed on May 5, 2011 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision deals with the issue of whether the Application should be deferred pending the completion of a related grievance proceeding.

2The applicant indicated in the Application that the facts of the Application are part of a union grievance proceeding that was still in progress.

3The respondents filed a Response and asked the Tribunal to defer further consideration of the Application until the grievance process is completed. The respondents indicated the grievance had been scheduled for hearing on September 8, 2011, before the Grievance Settlement Board but that the date had to be re-scheduled to another date. The Tribunal has not been advised of the date of the re-scheduled hearing before the Grievance Settlement Board.

4The Tribunal sent the Response to the applicant and advised her that she could file a Reply by September 8, 2011, to address the respondents’ deferral request. The applicant has not filed a Reply.

5The Tribunal may defer consideration of an application, on such terms as it may determine, and on its own initiative (Rule 14.1). The Tribunal has generally deferred applications where there is an ongoing grievance under a collective agreement based on the same facts and human rights issues.

6In this case, the applicant has not objected to the respondents’ deferral request. It appears that the grievance will deal with the same facts and human rights issues raised in the Application.

7The Application will therefore be deferred pending the completion of the grievance process.

8The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the procedure by which the Application may be brought back on after the conclusion of the grievance process.