Ambrose Zychowicz v. Canadian Auto Workers Local 707 and Ford Motor Company of Canada, 2011 HRTO 2193

Human Rights Tribunal of Ontario

B E T W E E N:

Ambrose Zychowicz

Applicant

-and-

Canadian Auto Workers Local 707 and Ford Motor Company of Canada

Respondents

INTERIM DECISION

Adjudicator: Ena Chadha

Date: December 6, 2011

Citation: 2011 HRTO 2193

Indexed as: Zychowicz v. Canadian Auto Workers Local 707

1This Application was filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination in employment on the basis of disability.

2The Application was deferred by way of Interim Decision 2011 HRTO 964 pending the resolution of a grievance proceeding dealing with the same issues as those raised in the Application.

3On November 8, 2011, the applicant filed a request to reactivate the Application. The applicant's materials indicate that, on November 4, 2011, he instructed his union to withdraw the workplace grievance. The documents indicate that by doing so the applicant forfeited his right to proceed with the grievance claim.

4Neither respondent has filed a response to the applicant's request to reactivate.

5Based on the applicant's materials it appears that there is no outstanding grievance process. Accordingly, the Tribunal will reactivate the Application.

6The parties have indicated that they are amenable to mediation. The Tribunal will schedule a mediation in this matter.

7I am not seized.