Cox v. Ontario (Community Safety and Correctional Services), 2011 HRTO 514

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

Date: March 14, 2011

Citation: 2011 HRTO 514

Indexed as: Cox v. Ontario (Community Safety and Correctional Services)

WRITTEN SUBMISSIONS

Leroy Cox, Applicant ) Julian Falconer and ) Asha James, Counsel

Ministry of Community Safety ) Cathy Phan, Counsel and Correctional Services, ) Respondent )

Ontario Public Service Employees ) Ed Holmes, Counsel Respondent Union, )

1On February 25, 2011, pursuant to Interim Decision 2011 HRTO 347, the applicant confirmed he wished to withdraw Application 2009-03885-I (“2009 Application”) against the Ministry of Community Safety and Correctional Services (“Ministry”) and that he wished to proceed with Application 2010-06032-1 (2010 Application) against the Ministry and his union, the Ontario Public Service Employees Union (“Union’). The 2009 Application is withdrawn with the leave of the Tribunal.

2The respondents consent to the applicant’s Request to amend the 2010 Application provided that the amendments are allowed without any determination by the Tribunal as to the merits of amendments. The 2010 Application is amended accordingly.

3The respondents will deliver and file amended Responses by April 1, 2011. The respondent Ministry takes the position that the 2010 Application should be dismissed on the basis a grievance arbitration before the Grievance Settlement Board appropriately dealt with the subject-matter of the Application. The respondent Union indicates that it will be filing a Request for a summary hearing in the near future. The respondents are directed to address these issues in their Amended Responses should they intend to pursue these matters.

4The applicant may deliver and file an amended Reply to any new issues raised in the amended Responses by no later than April 11, 2011.

5I am not seized of this matter.