Human Rights Tribunal of Ontario
B E T W E E N:
Brenda Piepers Applicant
-and-
Ontario Lottery and Gaming Corporation Respondents
INTERIM DECISION
Adjudicator: Judith Keene Date: June 14, 2012 Citation: 2012 HRTO 1169 Indexed as: Piepers v. Ontario Lottery and Gaming Corporation
WRITTEN SUBMISSIONS
Brenda Piepers, Applicant Alison Dewar, Counsel
Ontario Lottery and Gaming Corporation, Respondent Danielle Alphonso, Representative
Introduction
1This is an Interim Decision in respect of an Application filed on January 26, 2012, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment because of disability.
2The Application noted a pending grievance. On February 3, 2012, the Tribunal issued a Notice of Intent to Defer under Rule 14.2 of its Rules of Procedure, as it appears that the applicant had filed a grievance dealing with the subject-matter of the Application. The applicant's Union, the Public Service Alliance of Canada was given notice as an organization which may be affected by the Application. The parties and the Union were invited to make written submissions on why the Application should, or should not be deferred.
3Only the parties responded. The parties agree that deferral would be inappropriate, as the subject matter of the respondent's WSIB appeal is not the same as, and in fact pre-dates the incidents that form substance of the Application.
4Having reviewed the material in the file I agree that deferral would be inappropriate in the circumstances.
5Both parties have agreed to attempt mediation.
ORDER
6The Application will proceed, with the parties being offered a chance to attempt a mediated settlement.
7I am not seized of this matter.
Dated at Toronto, this 14th day of June, 2012.
"signed by"
__________________________________ Judith Keene Vice-chair