HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lynda Sacco Applicant
-and-
John Howard Society of Peel Halton Dufferin and Michael Clarke Respondents
INTERIM DECISION
Adjudicator: Ena Chadha Decision Date: December 3, 2012 Citation: 2012 HRTO 2251 Indexed as: Sacco v. John Howard Society of Peel Halton Dufferin
WRITTEN SUBMISSIONS
Lynda Sacco, Applicant Self-represented
1This Application was filed on January 12, 2012 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination and reprisal with respect to employment on the grounds of sex and age. In her narrative, the applicant alleges that discriminated and reprised against for raising pay equity concerns. Along with the Application, the applicant provided a copy of her Pay Equity Commission complaint dated September 7, 2011.
2On June 15, 2012, the Tribunal issued an Interim Decision 2012 HRTO 1185 deferring consideration of the Application pending the resolution of the Pay Equity Commission proceeding.
3The applicant filed a request to reactivate the Application dated October 26, 2012. The request included a copy of a decision issued by Pay Equity Commission under cover letter dated August 27, 2012. The Pay Equity Commission decision found no contravention. The applicant indicates that her complaint with the Pay Equity Commission is now closed.
4Given that the Pay Equity Commission process is completed and that the respondents have not made any submissions in response to the applicant’s request, I find that it is appropriate to reactivate the applicant’s Application. A copy of the Application was delivered to the respondents along with the March 29, 2012 Notice of Intent to Defer. The respondents are now required to file a Response.
5Having reviewed the Application, the Tribunal directs, on its own initiative, that a teleconference hearing be held on whether the Application should be dismissed, in whole or in part, on the basis that another proceeding has appropriately dealt with the substance of the Application.
6It appears that the substance of the Application may have been appropriately dealt with, in whole or in part, by the Pay Equity Decision dated August 27, 2012 and there is an issue of whether the Application should be dismissed in whole or in part pursuant to s. 45.1 of the Code, which reads as follows: “The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application”. The applicant may wish to refer to the Supreme Court of Canada’s decision in British Columbia (Workers’ Compensation Board) v. Figliola, 2011 SCC 52, and the Tribunal’s decision in Gomez v. Sobeys Milton Retail Support Centre, 2011 HRTO 2297.
7The Tribunal’s Registrar will schedule a half-day hearing by teleconference. The applicant will proceed first. The parties shall make argument about whether the Application should be dismissed pursuant to s. 45.1 of the Code. No witnesses will give evidence during the hearing.
8A Notice of Hearing will follow from the Registrar’s Office. The parties shall deliver to each other and file with the Tribunal written submissions with respect to the issue of s. 45.1 of the Code, copies of any documents and/or cases they intend to rely upon no later than 14 days prior to the teleconference.
ORDERS
9The Tribunal orders as follows:
i. The Application is reactivated;
ii. Within 35 days of the date of this Interim Decision, the respondents are required to file a full Response (Form 2);
iii. The Registrar will schedule a half-day hearing by teleconference on the issue of whether the Application should be dismissed in whole or in part pursuant to s. 45.1 of the Code;
iv. The parties shall deliver to each other and file with the Tribunal copies of written submissions with respect to the issue of s.45.1 of the Code, any further documents and/or cases they intend to rely upon no later than 14 days prior to the teleconference.
10I am not seized.
Dated at Toronto, this 3rd day of December, 2012.
”Signed by”_______________________
Ena Chadha Vice-chair