Pamela Felker v. Sobeys Milton Retail Distribution Center and United Food and Commercial Workers International Union, 2011 HRTO 2125

Human Rights Tribunal of Ontario

B E T W E E N:

Pamela Felker Applicant

-and-

Sobeys Milton Retail Distribution Center and United Food and Commercial Workers International Union Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty Date: November 24, 2011 Citation: 2011 HRTO 2125 Indexed as: Felker v. Sobeys Milton Retail Distribution Centre

1This Interim Decision deals with an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The Application was filed on July 19, 2011 and alleges discrimination with respect to employment on the basis of disability. In essence, the applicant states that the respondents discriminated against her by failing to facilitate her return to work following a disability leave.

2The United Food and Commercial Workers International Union ("Union") filed a grievance on behalf of the applicant alleging a failure to accommodate. The grievance has been referred to arbitration, which is scheduled to proceed in January 2012.

3In an earlier Interim Decision, 2011 HRTO 1911, the Tribunal noted that there appeared to be an outstanding workplace grievance concerning the same subject-matter as the Application. The Tribunal directed the parties to exchange and file written submissions regarding whether it would be appropriate to defer consideration of the Application pending the completion of the grievance process.

4All of the parties have filed submissions in response to the Tribunal's Interim Decision. All of the parties agree that a deferral is appropriate in the circumstances. Further, I am satisfied that the ongoing grievance proceeding is based on the same facts and issues as the Application.

5Consideration of the Application is deferred pending the conclusion of the grievance proceeding. The parties may wish to refer to Rules 14.3 and 14.4, which provide that where a party wishes to proceed with an application that 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.

6I am not seized of this matter.