Narayan v. Honeywell Safety Products, 2011 HRTO 604

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gansham Narayan

Applicant

-and-

Honeywell Safety Products, North by Honeywell and The Manufacturers Life Insurance Company

Respondents

INTERIM DECISION

Adjudicator: Brian Cook

Date: March 28, 2011

Citation: 2011 HRTO 604

Indexed as: Narayan v. Honeywell Safety Products

WRITTEN SUBMISSIONS

Gansham Narayan, Applicant ) On his own behalf

Honywell Safety Products ) Sven Poysa, Lawyer

Reasons for Decision

1This Interim Decision deals with an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). The Application was filed on October 12, 2010 and alleges discrimination in employment on the grounds of disability by Honeywell Safety Products and North by Honeywell (“Honeywell”).

2A Request for Order During Proceedings from the applicant asked that The Manufacturers Life Insurance Company (“Manulife”) be added as a respondent. Honeywell agreed to the request and the Application was sent to Manulife. Both Honeywell and Manulife have filed a Response to the Application.

3On the basis of the materials filed by the parties, it appeared that there was a grievance procedure underway dealing with matters related to the substance of the Application. In a Case Assessment Direction dated February 24, 2011, the Tribunal sought clarification from Honeywell and the applicant about the status of the grievance.

4Honeywell responded on March 10, 2011 stating that there was an ongoing grievance based on the same facts and issues as the Application, and asking the Tribunal to defer consideration of the Application until the grievance had been resolved.

5The applicant sent a number of documents regarding the status of the grievance. Included in these is a copy of an email from his union to the employer dated March 11, 2011, which states that the grievance has been withdrawn without prejudice.

6Based on the information presently before the Tribunal, it appears that there is not currently an ongoing grievance procedure. The Tribunal will continue to process the Application.