Eli Clyne v. Ford Motor Company of Canada, Limited, 2012 HRTO 944

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Eli Clyne

Applicant

-and-

Ford Motor Company of Canada, Limited

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: May 9, 2012

Citation: 2012 HRTO 944

Indexed as: Clyne v. Ford Motor Company of Canada

WRITTEN SUBMISSIONS

Eli Clyne , Applicant ) David Baker, Counsel

Ford Motor Company of Canada, Limited, ) Holly Reid, Counsel

Respondent )

1On June 10, 2009, the Tribunal issued an Interim Decision, 2009 HRTO 821, which ordered that the Application be deferred pending the conclusion of a grievance proceeding.

2On April 11, 2012, the applicant filed a Request for an Order During Proceedings which requested that the Tribunal issue an order to reactivate his deferred Application. In his submissions, the applicant stated that his Union informed him that the respondent plans to give him his job back, but he has no further details of the settlement and is not aware when the grievance process concluded.

3On April 25, 2012, the respondent filed a Response which opposed the applicant’s Request to reactivate his Application because the grievance proceeding is ongoing. In its submissions, the respondent stated that the respondent and the Union had entered into a proposed settlement of the applicant’s grievance, which had a condition that he must withdraw his human rights Application, but, to date, he has not agreed to the proposed settlement.

4Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure provide:

14.3 Where a party wishes the Tribunal to proceed with an Application which has been deferred the request must be made in accordance with Rule 19.

14.4 Where an Application was deferred pending the outcome of another legal proceeding, a request to proceed under Rule 14.3 must be filed no later than 60 days after the conclusion of the other proceeding, must set out the date the other legal proceeding concluded and include a copy of the decision or order in the other proceeding, if any.

5The applicant’s Request to reactivate his Application is denied because the grievance proceeding has not concluded.

6I am not seized of this matter.