Poste v. Metro Ontario Inc., 2012 HRTO 1442

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sandra Poste

Applicant

-and-

Metro Ontario Inc.

Respondent

-and-

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW – Canada)

Affected Party

INTERIM DECISION

Adjudicator: Jay Sengupta Date: July 24, 2012 Citation: 2012 HRTO 1442 Indexed as: Poste v. Metro Ontario Inc.

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 with respect to employment because of sex and family status.

2In a previous Interim Decision, 2012 HRTO 92, the Tribunal deferred the Application pending the outcome of a related grievance process.

3The applicant has made a request to reactivate the Application. Neither the respondent nor the affected party (union) have made any submissions with respect to the Request and the time for them to do so has now elapsed. The union has confirmed in writing by way of a letter dated January 18, 2012, that the grievance in question has been settled and withdrawn by the union. The applicant’s request to reactivate is dated January 30, 2012.

4The applicant has made her request in a timely manner and the Tribunal is in receipt of confirmation that the grievance proceeding has been concluded. Accordingly, the request to reactivate, that is unopposed, is granted.

5Section 45.1 of the Code states:

The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

6The Tribunal finds it is appropriate to hold a half-day in-person hearing to determine whether the grievance proceeding has appropriately dealt with the substance of the Application (section 45.1) or whether to proceed would amount to an abuse of process. A hearing by teleconference will be scheduled by the Registrar. The directions below will apply to the hearing.

ORDER

7I make the following orders/directions:

a. the Application is reactivated;

b. a half-day teleconference hearing on the issues of dismissal pursuant to section 45.1 of the Code or as an abuse of process will be scheduled by the Registrar;

c. the following directions will apply to the hearing:

i. the hearing will address only the question of dismissal pursuant to section 45.1of the Code or the doctrine of abuse of process;

ii. the respondent should be prepared to proceed first at the hearing; and

iii. any party wishing to rely on written materials not already filed with the Tribunal or any facts not contained in the Applications or Responses must deliver such documents or information to the other parties and file them with the Registrar no more than 21 days prior to the scheduled hearing date.

8I am not seized.