Richards v. Ontario (Community Safety and Correctional Services), 2012 HRTO 2086

Human Rights Tribunal of Ontario

B E T W E E N:

Barbara Richards

Applicant

-and-

Her Majesty the Queen in Right of Ontario as Represented by the Minister of Community Safety and Correctional Services

Respondent

INTERIM DECISION

Adjudicator: Alison Renton

Date: November 2, 2012

Citation: 2012 HRTO 2086

Indexed as: Richards v. Ontario (Community Safety and Correctional Services)

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 race, sexual orientation and family status. In her Application, the applicant stated that she had filed several grievances with respect to the allegations raised in her Application.

2Further to an Interim Decision, 2011 HRTO 1994, the Tribunal deferred the Application pending completion of the grievance process. On August 16, 2012, the Tribunal wrote to the parties directing the applicant to advise the Tribunal as to whether or not the grievance process was ongoing and, if possible, when it was expected to be completed. The applicant sent an email to the Tribunal, dated September 6, 2012, indicating that despite her efforts, she had been unable to obtain information from her bargaining agent, Ontario Public Service Employees Union ("the union"), regarding a hearing date for her grievances.

3A Case Assessment Direction ("CAD") dated September 23, 2012 was issued by the Tribunal requiring an update from the respondent and the union about the status of the applicant's grievances. Counsel for the union advised that the applicant's grievances had been referred to arbitration and that the "... grievances were going to the joint file review process between the respondent and the union at the Grievance Settlement Board [GSB] on October 10, 2012 where they will be scheduled for hearing".

4In a further CAD dated October 18, 2012, and given that the joint file review process date of October 10, 2012 has passed, the Tribunal directed the respondent and the union to email the Tribunal, copying the other parties, about the date(s) that the grievances were scheduled for arbitration. The Tribunal stated that assuming an arbitration date had been set, it was likely that the Tribunal would continue to defer this Application, subject to any submissions from the parties. The Tribunal directed that any party who wanted to make submissions about the continued deferral had five (5) business days from the date of the email provided by the respondent and the union, after which the Tribunal may issue further directions.

5Both the respondent and the union have advised the Tribunal, copying the applicant, that the arbitration before the GSB of the applicant's grievances is scheduled for January 3, 2013. The applicant herself has confirmed this with the Tribunal and has provided a copy of the notice of proceeding before the GSB as well as the union's correspondence to her.

6No one has filed submissions objecting to the continued deferral of the Application and the time for doing so has passed.

7In these circumstances, it is appropriate to continue to defer the Application pending conclusion of the grievance arbitration process. The Application will therefore continue to be deferred pending the completion of the grievance process.

8The Tribunal directs the parties' attention to Rules 14.3 and 14.4 which outline the procedure by which the Application may be brought back on after the conclusion of the grievance process.

9I am not seized with this matter.