Ambrose Zychowicz v. Canadian Auto Workers, Local 707 and Ford Motor Company of Canada, 2011 HRTO 964

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: Brian Cook

Date: May 18, 2011

Citation: 2011 HRTO 964

Indexed as: Zychowicz v. Canadian Auto Workers Local 707

Introduction

1This is an Application 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.

2Both respondents filed a Response. The respondent Ford Motor Company of Canada asked the Tribunal to defer consideration of the Application pending the resolution of a grievance proceeding dealing with the same issues as those raised in the Application. The Tribunal delivered the Responses to the applicant and identified the request to defer as an issue that the applicant could particularly respond to. The applicant filed a Reply but did not specifically comment on the deferral request.

3Pursuant to Rule 14.1 of the Tribunal’s Rules of Procedure, the Tribunal may defer consideration of an application, on such terms as it may determine, on its own initiative or at the request of any party. The Tribunal will generally defer an application where there is an ongoing grievance under a collective agreement based on the same facts and issues. There do not appear to be any special circumstances in this case to suggest that this approach is not appropriate in this case. The Tribunal will accordingly defer further consideration of the Application pending the resolution of the ongoing grievance procedure.

4The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the procedure by which the Application may be brought back on after the conclusion of the grievance process.

5I am not seized.