HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Leroy Cox
Applicant
- and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services
Respondent
A N D B E T W E E N:
Leroy Cox
Applicant
- and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services and
Ontario Public Service Employees Union
Respondents
Interim Decision
Adjudicator: Ena Chadha
Indexed as: Cox v. Ontario (Community Safety and Correctional Services)
1The applicant filed an Application on October 27, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), alleging discrimination and harassment on the basis of race in employment. This 2009 Application (“2009 Application”) is against the Ministry of Community Safety and Correctional Services (“Ministry”).
2The applicant filed a second Application on June 21, 2010 alleging discrimination with respect to employment and membership in a vocational association on the basis of race and colour. This 2010 Application is against the Ministry and the applicant’s union, the Ontario Public Service Employees Union (“Union”).
BACKGROUND
3The 2009 Application alleges that the Ministry failed to protect the applicant from a poisoned work environment, which included the circulation of racist and threatening letters. By way of an Interim Decision, 2009 HRTO 2046, the 2009 Application against the Ministry was deferred pending the conclusion of the applicant’s grievance before the Grievance Settlement Board (“GSB”). The applicant was involved in a lengthy and complicated grievance process, which was part of multiple on-going grievances filed by a group of employees represented by the Union.
4The 2010 Application alleges that the Ministry and Union failed to protect the applicant from a poisoned work environment, including the applicant being targeted by another racist letter and the Union refusing the applicant independent standing in the GSB proceedings. By way of Interim Decision, 2010 HRTO 2081, the 2010 Application against the Ministry and the Union was deferred pending the conclusion of the applicant’s grievance before GSB.
REQUESTS TO REACTIVATE AND AMEND
5On January 21, 2011, the applicant filed a Request to reactivate the 2010 Application. The applicant included a copy of the December 16, 2010 GSB decision determining the applicant’s grievance and awarding damages.
6Along with his Request to reactive, the applicant also filed a Request to amend his 2010 Application. The applicant seeks to add a new allegation with respect to another racist letter targeting racialized correctional officers.
7Neither respondent has filed Responses to these Requests.
DECISION
8The Tribunal’s Rules set out the manner in which a matter which has been deferred may be brought back on for hearing before the Tribunal. Rule 14.4 states that a request to reactivate a deferred application must be made no later than 60 days after the conclusion of the other proceeding. The applicant’s materials indicate that the GSB proceeding concluded by way of the December 16, 2010 award. The respondents have not contested the Request to reactivate. In these circumstances, reactivation is appropriate.
9The Tribunal orders as follows:
i) The applicant’s 2010 Application is reactivated;
ii) Within 5 days of the date of this Interim Decision, the applicant is required to write to the Tribunal, copied to the other parties, indicating whether he intends to proceed with or withdraw the 2009 Application;
iii) If the applicant does not correspond with the Tribunal regarding his intentions with respect to the 2009 Application, the Tribunal will deem the 2009 Application to be abandoned;
iv) Within 14 days of the date of this Interim Decision, the respondents are required to file with the Tribunal and copied to the applicant, written submissions with respect to the Request to amend.
10I am not seized of this matter.
Dated at Toronto, this 17th day of February, 2011
”signed by”____________
Ena Chadha
Vice-chair