HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Harold Parris
Applicant
-and-
City of Toronto
Respondent
DECISION
Adjudicator: Sheri D. Price
Indexed as: Parris v. Toronto (City)
APPEARANCES
Harold Parris, Applicant ) Self-represented
City of Toronto, Respondent ) Kerri Kitchura, Counsel, and
) Safina Lalani, Student-at-law
Toronto Civic Employees’ Union, ) Devon Paul, Counsel
Local 416, Canadian Union of Public )
Employees, Affected Party )
INTRODUCTION
1In this Application, filed on April 16, 2009 pursuant to s. 34 of the Ontario Human Rights Code, R.S.O. c. H.19, as amended (“the Code”), the applicant alleges that the respondent discriminated against him because of disability with respect to employment. In particular, the applicant alleges that the respondent employer failed to accommodate his disability-related needs by providing him with work within his medical restrictions following a workplace injury he suffered in July 2007.
2By Interim Decision dated July 27, 2009, the Tribunal deferred the Application, pending the completion of the grievance and arbitration process in respect of certain grievances that had been filed on behalf of the applicant pursuant to the collective agreement between the respondent and the applicant’s trade union, Toronto Civic Employees’ Union, Local 416, Canadian Union of Public Employees, (“the union”), which grievances raised the same issues as the Application: 2009 HRTO 1147.
3The decision to defer the Application pending the completion of the grievances was affirmed in a further Interim Decision of the Tribunal dated April 13, 2011: 2011 HRTO 686.
4On April 30, 2012, the respondent filed a Request to Dismiss the Application on the basis that the labour arbitrator appointed to hear the applicant’s grievances had rendered his decision on March 21, 2012, and that the labour arbitration proceeding had appropriately dealt with the substance of the Application within the meaning of s.45.1 of the Code.
5By Interim Decision dated June 29, 2012, the Tribunal reactivated the Application and