Dennis Webster v. University Health Network - PMH, 2011 HRTO 182

Human Rights Tribunal of Ontario

B E T W E E N:

Dennis Webster

Applicant

-and-

University Health Network - PMH

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: January 25, 2011

Citation: 2011 HRTO 182

Indexed as: Webster v. University Health Network - PMH

Reasons for Decision

1By Interim Decision dated November 2, 2010, 2010 HRTO 2186, following submissions from the parties, this Application was deferred pending the completion of the grievance and arbitration process. By Interim Decision dated November 17, 2010, 2010 HRTO 2285, the applicant’s Request that the Tribunal proceed with the Application was denied.

2The applicant wrote to the Tribunal again on January 7, 2011, requesting that the Application “not be deferred” on the basis that the respondent had committed a “further reprisal” and attaching an email exchange with a supervisor of the respondent. My review of the exchange indicates that the applicant objects to a management decision, and that management has indicated that it is regular business communication and that the applicant may grieve under the collective agreement if he wishes. The applicant’s Request has no merit and the email exchange provided gives no reason whatsoever to change the Tribunal’s decision about deferral.

3This Application is deferred in accordance with the Tribunal’s normal process when there is an ongoing grievance under a collective agreement. The Tribunal has ruled on three occasions now that the Application is deferred and will be deferred until the completion of the grievance and arbitration process. The Tribunal will not consider any further requests from the applicant to reactivate the Application until the grievance and arbitration process is complete, unless they cite truly exceptional and unforeseeable circumstances. The respondent need not respond to any such requests unless directed to do so by the Tribunal.