Ashish Saha v. Garda Inc., 2012 HRTO 1576

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ashish Saha Applicant

-and-

Garda Inc. Respondent

-and-

Teamsters, Local Union No. 419 Intervenor

INTERIM DECISION

Adjudicator: Jay Sengupta Date: August 14, 2012 Citation: 2012 HRTO 1576 Indexed as: Saha v. Garda Inc.

1In a previous Interim Decision, 2011 HRTO 948, the Tribunal deferred this Application pending the conclusion two grievance proceedings initiated by his union, Teamsters, Local Union No. 419.

2That proceeding has now concluded through the withdrawal of the grievances in question, pursuant to a “Memorandum of Settlement” dated May 16, 2012, in which the parties agreed to reactivation of this deferred Application.

3The applicant has now filed a Request to proceed under Rule 14.3. In addition to the “Memorandum of Settlement”, the applicant has attached to the Request a letter from counsel for the intervenor union indicating that the parties have agreed that none of them will take the position that the current Application should be deferred.

4The respondent has not filed any separate Response to the Request and the time for it to do so has now passed.

5In the circumstances, the request to proceed is appropriate and is granted. The Registrar shall schedule the Application for a hearing.

6I am not seized of this matter.