Leonard v. Ontario (Minister of Community Safety and Correctional Services), 2011 HRTO 2041

Human Rights Tribunal of Ontario

B E T W E E N:

Karley Leonard

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services and Steve Walker

Respondent

interim decision

Adjudicator: Keith Brennenstuhl Date: November 9, 2011 Citation: 2011 HRTO 2041 Indexed as: Leonard v. Ontario (Minister of Community Safety and Correctional Services)

Reasons for Decision

1This is an Application filed on July 15, 2011 under s. 34 of the Human Rights Code R.S.O. 1990, c. H. 19 as amended (the "Code"). The applicant alleges discrimination with respect to employment because of disability.

2In her Application, the applicant stated that the facts of the Application were part of a union grievance still in progress. The grievance was filed pursuant to the grievance provisions of a collective agreement with the Ministry respondent.

3On October 13, 2011 the respondents filed a Request for Order during Proceedings seeking the deferral of the Application pending the conclusion of the grievance proceeding. The respondent seeks the deferral on the basis that the facts giving rise to the Application are substantially the same as the facts of the Applicant's grievance.

4The Tribunal generally defers applications where there is an ongoing grievance under a collective agreement based on the same facts and human rights issues. In adopting this approach, the Tribunal has referred to the fact that the Supreme Court of Canada has affirmed that grievance arbitrators have not only the power but also the responsibility to implement and enforce the substantive rights and obligations of human rights and other employment related statutes as if they were part of the collective agreement (Parry Sound (District) Social Services Administration Board v. O.P.S.E.U., Local 324, 2003 SCC 42.)

5In the present matter it is apparent that there is a substantial overlap between the facts and human rights issues covered by the Application and those referred to in the grievance.

6The Application will be deferred pending the resolution of the grievance. The respondent need not file a full Response at this time.

7Where a party wishes to proceed with an application which has been deferred, the party must make a Request for Order During Proceedings in accordance with Rule 19 within 60 days after the conclusion of the other proceeding (Rules 14.3 and 14.4).

8I am not seized.