HRTO 2011

The applicant filed a human rights application based on facts that were also the subject of two ongoing union grievances.

The Tribunal issued a Notice of Intent to Defer.

The respondent supported deferral, while the union took no position and the applicant did not file submissions.

Applying the principle that concurrent legal proceedings raising the same human rights issues should be deferred to the grievance process, the Tribunal deferred the application pending the completion of the grievance process.

The applicant filed a human rights application alleging discrimination by an investigator of the Ontario Human Rights Commission during the investigation of her previous complaints.

The applicant requested that the respondent be deemed to have accepted the allegations due to a late Response, while the respondent requested the application be dismissed for lack of jurisdiction.

The Tribunal denied the applicant's request because the respondent complied with a final warning deadline.

The Tribunal granted the respondent's request to dismiss, finding that the conduct of a Commission investigator forms an integral part of the adjudicative scheme under the former Code and does not constitute a 'service' within the meaning of section 1 of the Code.