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Human Rights Tribunal of Ontario
**B E T W E E N:**
Monica Cuevas Martinez
Applicant
-and-
Tan Dhillon
Respondent
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**INTERIM DECISION**
**Adjudicator:** Jo-Anne Pickel
**Date:** December 21, 2012
**Citation:** 2012 HRTO 2388
**Indexed as:** Cuevas Martinez v. Dhillon
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[1] By Application dated September 28, 2012, the applicant alleged that the respondent violated the [Human Rights Code, R.S.O. 1990, c. H.19](https://www.canlii.org/en/on/laws/stat/rso-1990-c-h19/latest/rso-1990-c-h19.html), as amended, by terminating her employment after she suffered an injury in a slip and fall accident.
[2] In her Application, the applicant indicated that she had filed a complaint with the Ministry of Labour seeking termination pay and public holiday pay.
[3] On November 9, 2012, the Tribunal sent a Notice of Intent to Defer to the parties indicating that the Tribunal had determined that it might be appropriate to defer consideration of the Application pending the resolution of the applicant’s complaint. The Tribunal invited the parties to provide written submissions on the issue no later than 30 days from the date of the Notice.
[4] Neither party has responded to the Tribunal’s Notice or provided submissions on the issue of deferral.
[5] In the circumstances of this case, I find it appropriate to defer this Application pending the resolution of the Ministry of Labour complaint.
[6] The parties’ attention is drawn to Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure, which address how the Application may be brought back on before the Tribunal, following conclusion of the grievance proceedings. The Rules of Procedure are available on the Tribunal’s website, www.hrto.ca under “New Applications”.
[7] I am not seized of this matter.
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Dated at Toronto, this 21<sup>st</sup> day of December, 2012.
“Signed by”
______________________________
Jo-Anne Pickel
Vice-chair
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minicounsel