HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Laureen Morrison
Applicant
-and-
Hamilton-Wentworth District School Board, Randall Galland and Ryan Baker
Respondents
INTERIM DECISION
Adjudicator: Kathleen Martin
Indexed as: Morrison v. Hamilton-Wentworth District School Board
WRITTEN SUBMISSIONS
Laureen Morrison, Applicant
No Submissions
Hamilton-Wentworth District School Board
Jane M. Gooding, Counsel
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 on various grounds. This Interim Decision addresses the respondents’ request to defer the Application.
2In the Response filed July 17, 2012, the respondents sought deferral of the Application pending resolution of the applicant’s grievance.
3By letter dated August 28, 2012, the Tribunal delivered the Response to the applicant and sought submissions from her on the issue of deferral.
4In a letter dated September 12, 2012 to the Tribunal, the respondents advised that the grievance had been withdrawn and attached a copy of the arbitrator’s award in this regard. The award confirms that the grievance is withdrawn and that the question of the nature of the withdrawal is one to be raised before a subsequent arbitrator, if any, should the [applicant’s] Federation seek to pursue the same or a substantially similar grievance in the future.
5The applicant has not filed any submissions.
6Having regard to the withdrawal of the grievance, I find that there is no other proceeding to defer to. In the circumstances, the request to defer is denied.
7As the parties have agreed to mediation, the Application will be scheduled for mediation.
Dated at Toronto, this 22nd day of October, 2012.
“signed by”
Kathleen Martin
Vice-chair