Terry Colligan v. Ottawa-Carleton District School Board, 2012 HRTO 1847

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Terry Colligan

Applicant

-and-

Ottawa-Carleton District School Board

Respondent

INTERIM DECISION

Adjudicator: Judith Keene

Date: September 27, 2012

Citation: 2012 HRTO 1847

Indexed as: Colligan v. Ottawa-Carleton District School Board

WRITTEN SUBMISSIONS

Terry Colligan, Applicant

Self-represented

Introduction

1This is an Interim Order in respect of 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 disability.

2This Application was originally filed on May 22, 2009. Pursuant to an Interim Decision dated March 23, 2010, (2010 HRTO 622), the Application was deferred pending the resolution of a grievance. By letter to the applicant dated August 11, 2011, the Tribunal requested that the applicant advise as to the progress of the grievance. By letter dated September 12, 2011 and copied to the respondent and to the Ontario Secondary School Teachers' Federation, the applicant indicated that the grievance had been withdrawn and that the matter was the subject of an appeal to the Workplace Safety and Insurance Appeals Tribunal (WSIAT). The letter indicated the applicant's understanding that the Application could be brought back on after the conclusion of the other proceedings.

3In September 4, 2012, the applicant filed a Request for an Order During Proceedings (Request) enclosing the decision of the WSIAT as well as other documents and asking that the Application be reactivated. Also filed was a Statement of Delivery to the respondent and to the Ontario Secondary School Teachers' Federation. There has been no response from the respondent or the Ontario Secondary School Teachers' Federation, and the date for the response has passed.

4The original Application had alleged denial of accommodation for disability-related needs, harassment and a poisoned work environment. The Request contains further particulars in respect of events since "May or June of 2010", and alleges reprisal in addition to continued failure to accommodate and poisoned work environment.

5The applicant's Request is granted.

6In view of the fact that both parties requested mediation, a date for mediation will be arranged in due course. If either party no longer wishes to take advantage of mediation, the Office of the Registrar should be notified within two weeks of the date of this Interim Decision.

7I am not seized of this matter.