Human Rights Tribunal of Ontario
B E T W E E N:
Kimberly Therrien
Applicant
-and-
Canadian Red Cross Society and Nora Nelson
Respondents
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: Therrien v. Canadian Red Cross Society
1The purpose of this Interim Decision is to consider the applicant’s request that the Tribunal reactivate the Application. The Application was deferred in Interim Decision 2011 HRTO 1734, dated September 21, 2011. The reason for the deferral was that there was a related grievance procedure underway.
2The applicant’s reactivation request was set out in a Request for Order During Proceedings, dated October 28, 2011. The respondents filed a Response to the Request for Order During Proceedings. The respondents oppose reactivation.
3The grievance procedure has not been completed. However, according to the respondents, an arbitrator has been appointed, and a hearing has been scheduled for February 28, 2012.
4The applicant feels that it is not fair that the Tribunal has deferred her Application. She feels that the grievance procedure will not necessarily address the human rights issues raised in the Application.
5In the earlier Interim Decision, the Tribunal noted:
It is clear from reading the Application, Response and Reply that the issues in the grievances and the Application arise from the same complex web of workplace allegations. Many of those issues raise the Code peripherally or not at all. The arbitrator will be in the best position to address the full range of interactions and allegations raised by this alleged workplace breakdown.
6These factors are still applicable. As well, a hearing before the arbitrator has now been scheduled.
7There is no basis to reactivate the Application at this time, and the Request is dismissed accordingly.
8I am not seized.
Dated at Toronto, this 14th day of December, 2011.
“signed by”
Brian Cook
Vice-chair