HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Nohemy Cunningham
Applicant
-and-
Toronto District School Board; Katrhryn Rumble; Rosemarie Hobbins-Coombs; Pat Pild and David Breckon
Respondents
INTERIM DECISION
Adjudicator: David Muir
Indexed as: Cunningham v. Toronto District School Board
WRITTEN SUBMISSIONS
Nohemy Cunningham, Applicant
Self-represented
Toronto District School Board; Katrhryn Rumble; Rosemarie Hobbins-Coombs; Pat Pild and David Breckon, Respondents
Glorie Alfred, Counsel
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 her race, place of origin and disability or perceived disability.
2This Interim Decision deals with a Request to Reactivate this Application filed by the applicant.
3The applicant states that the arbitration proceeding is unfair and the interim decision of the arbitrator was set-up prior to the arbitration hearing beginning. The applicant alleges that the arbitration was a reprisal by both sides, presumably indicating the union and the employer. The applicant requests that the Tribunal take over the arbitration and solve her case of unjustified suspension. The applicant provided a number of letters between her and the Tribunal and various others related to this matter.
4The respondent has responded to the Request. The respondent states that the grievance procedure has not concluded. In an Interim Decision dated May 11, 2011 the applicant was directed by the arbitrator to participate in the scheduling of an independent medical examination. The IME has yet to take place and the grievance is adjourned pending its completion.
5This case was deferred pending the completion of a grievance arbitration which raises identical facts and issues. I am not satisfied that there is any basis to re-activate this case while the grievance arbitration remains ongoing.
Dated at Toronto, this 31st day of August, 2012.
“signed by”
David Muir
Vice-chair