HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Joanne Schweers
Applicant
-and-
St. Joseph’s Health Care London
Respondent
DECISION
Adjudicator: Brian Cook
Indexed as: Schweers v. St. Joseph’s Health Care London
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 because of disability. The respondent submits that the substance of the Application has been appropriately dealt with in the form of a settlement of a grievance. This Decision addresses whether the Application should be dismissed in whole or in part under section 45.1 of the Code which provides as follows:
45.1 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.
2The applicant suffered a work-related injury in 2009. The applicant states she remained off work in receipt of benefits from the Workplace Safety and Insurance Board (WSIB) until April 2012. She alleges that in the interim the respondent did not contact her or inquire about any accommodation that could have allowed her to return to work. The Application mentions that a meeting took place in April 2012 but that the respondent refused to properly investigate or provide modified work or any accommodation.
3The Application was delivered to the respondent, which filed a Response. According to the respondent, two meetings occurred on or about April 23, 2012 to discuss possible accommodations and that on April 24, 2012, the Ontario Nurses Association (ONA), which is the applicant’s bargaining agent, filed a grievance on the applicant’s behalf. The grievance stated that the respondent had failed to accommodate the applicant and had violated the applicant’s Code-protected rights.
4According to the respondent, a meeting was held on May 3, 2012, involving the applicant, the respondent and a representative from the ONA and that this led to the placement of the applicant in the respondent’s Pre-Surgical Services department. The applicant started working in this position on May 7, 2012, and according to the respondent, the applicant continues to work in that position. The respondent states that on June 7, 2012, the applicant, the respondent, and the ONA signed Minutes of Settlement. The respondent has provided a copy of the Minutes of Settlement. The Minutes provide that the grievance is withdrawn and further provide:
The Grievor, Union and the Hospital acknowledge that these minutes are exhaustive of all claims of the Grievor and/or the union including but not limited to claims under the Ontario Labour Relations Act and the Human Rights Code.
5The parties, including the applicant, signed the Minutes of Settlement.
6The respondents ask the Tribunal to dismiss the Application because the applicant has signed a full and final release with respect to the same issues in dispute.
7On September 10, 2012, the Tribunal issued a Delivery of Response and Notice of Request to Dismiss to the applicant. The applicant was told to make submissions on the respondent’s request for dismissal no later than September 24, 2012. The Notice advised the applicant that if she did not file submissions by that date, the tribunal would make its decision based only on the information in the Application and Response, or could consider that the applicant had abandoned the Application.
8To date the Tribunal has received no communication from the applicant since the Notice was delivered.
9It appears that the applicant has abandoned the Application and it is dismissed on that basis.
ORDER
10The Application is dismissed as abandoned.
Dated at Toronto, this 17th day of December, 2012.
“Signed by”
Brian Cook
Vice-chair