Cosca v. Cargill Foods, 2012 HRTO 272

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Agnes Cosca

Applicant

-and-

Cargill Foods, a Division of Cargill Limited,

Frances Rolph, Harith Ahmed and Mary Ann Daniels

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: February 8, 2012

Citation: 2012 HRTO 272

Indexed as: Cosca v. Cargill Foods

1In a previous Interim Decision, 2011 HRTO 465, the Tribunal deferred this Application pending the conclusion of two grievances filed on behalf of the applicant by her Trade Union. The applicant has now filed a Request to proceed under Rule 14.3.

2The respondent submits that the Application can proceed, but seeks an Order confining the scope of the Application because in its view significant elements of the Application have been dealt with in the two grievances filed on behalf of the applicant by her Trade Union. The Trade Union has confirmed that two grievances filed on behalf of the applicant have been resolved between the parties. The applicant has not responded to the respondent’s request for an Order confining the scope of the Application.

3In the circumstances, the request to proceed is appropriate and is granted. The applicant and the respondent have both indicated a willingness to attend mediation. The Registrar will schedule a half day mediation in this case.

4The outstanding preliminary matters raised by the respondent as well as the disposition of the Request to Intervene are deferred pending mediation of the Application.

5I am not seized of this matter.