Vasileski v. Hamilton (City), 2013 HRTO 1215

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Zoran Vasileski Applicant

-and-

Corporation of the City of Hamilton, Community Services Department, Ontario Works, Heather Russell and Carole Zoghaib Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: July 11, 2013 Citation: 2013 HRTO 1215 Indexed as: Vasileski v. Hamilton (City)

WRITTEN SUBMISSIONS

Zoran Vasileski, Applicant (Self-represented) Canadian Union of Public Employees, Local 5167, Affected Party (Elizabeth Nurse, Counsel)

1This Application was deferred by way of Interim Decision 2012 HRTO 1193 pending the conclusion of grievance proceedings. By way of Case Assessment Direction dated May 6, 2013, the Tribunal directed the parties and the affected party to advise the Tribunal in writing as to the status of the union grievance.

2The parties and the affected party have confirmed that the grievance was withdrawn.

3Based on the applicant’s various submissions as filed with the Tribunal regarding the status update, it appears that, although the applicant did not file a formal request to reactivate, the applicant clearly wished to proceed with his Application.

4In light of the fact that all parties agreed that the grievance process is now concluded and the applicant indicated a wish to proceed with his Application, the Tribunal provided the respondents and affected party with an opportunity to confirm whether or not they consent to reactivation and, if not, to file submissions setting out their positions.

5The affected party wrote to the Tribunal advising that it takes no position on whether the Application should be reactivated. No other party filed any submissions regarding the issue of reactivation.

6In these circumstances, I find that it is appropriate to reactivate the Application.

DIRECTIONS

7The Application is reactivated and the respondents are required to file their Responses (Form 2) within 35 days of the date of this Interim Decision. The applicant is required to file a Reply in accordance with the Tribunal’s Rules of Procedure.

8I am not seized.