Maria Hercules v. Regional Municipality of Peel - Transhelp, 2012 HRTO 706

Human Rights Tribunal of Ontario

Between:

Maria Hercules Applicant

-and-

Regional Municipality of Peel - Transhelp Respondent

Interim Decision

Adjudicator: Alison Renton Date: April 10, 2012 Citation: 2012 HRTO 706 Indexed as: Hercules v. Peel Region - Transhelp

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c.H.19 as amended (the "Code"), on October 18, 2010 alleging discrimination on the basis of disability in employment.

2In an earlier Interim Decision dated June 1, 2011 (2011 HRTO 1006), the Tribunal deferred the Application because of an outstanding grievance on the same subject matter as that in the Application. The grievance was, at that point, scheduled for arbitration on August 4, 2011.

3The Tribunal sent a letter dated February 23, 2012 to the applicant seeking a status update with respect to the outstanding grievance. In response, the applicant filed a Request for Order During Proceedings ("RFOP") on March 2, 2012 in which she requests to re-activate her deferred Application. She submits that her grievance was "verbally pulled" as communicated to her by CUPE Local 966 ("the union") and that it "never made it to the actual arbitration". Neither the respondent nor the union have filed a Response to the RFOP.

4In the circumstances, as the grievance procedure appears to have been completed, the applicant's Request to re-activate her Application is granted.

5The respondent is directed to file its Response within 35 days from the date of this Interim Decision.

ORDER

6The Tribunal makes the following order:

a) The applicant's Request to re-activate her Application is granted;

b) The respondent is directed to file its Response within 35 days from the date of this Interim Decision.

7I am not seized of this matter.