Mario Diaz v. Woodbine Entertainment Group, 2011 HRTO 208

Human Rights Tribunal of Ontario

B E T W E E N:

Mario Diaz Applicant

-and-

Woodbine Entertainment Group Respondent

INTERIM DECISION

Adjudicator: Keith Brennenstuhl Date: January 28, 2011 Citation: 2011 HRTO 208 Indexed as: Diaz v. Woodbine Entertainment Group

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on August 30, 2010, alleging discrimination in employment on the basis of age. In his Application, the applicant advises that the facts of his Application are part of a union grievance that is still in progress.

2On November 17, 2010, the Tribunal provided a copy of the Application to the respondent and the applicant's union and contemporaneously issued a Notice of Intent to Defer the Application pending resolution of the grievance proceeding. The Tribunal invited the parties to provide submissions no later than 30 days after November 17, 2010. The union and the respondent provided submissions by way of letters dated December 20, 2010 and December 21, 2010, respectively. No submissions were received from the applicant.

3Both the union and the respondent advised that the parties were unable to resolve the grievance, the union chose not to refer the matter to arbitration and the grievance proceeding is now complete. The union and the respondent indicated that there is no longer any reason to defer the Application.

4Given that the grievance proceeding is complete, the Tribunal finds that it is no longer necessary to consider the issue of deferral. As such, the Application will proceed in accordance with the Tribunal's Rules of Procedure.

5The respondent will have 35 days from the date of this Interim Decision to file its Response with the Tribunal.

6I am not seized.