Gaunce v. Ontario (Community Safety and Correctional Services), 2013 HRTO 1258

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michelle Gaunce

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services and the Workplace Safety and Insurance Board

Respondents

INTERIM DECISION

Adjudicator: Brian Cook Date: July 19, 2013 Citation: 2013 HRTO 1258 Indexed as: Gaunce v. Ontario (Community Safety and Correctional Services)

APPEARANCES

Michelle Gaunce, Applicant Self-represented

Ministry of Community Safety and Correctional Services, Respondent Stewart McMahon, Counsel

Workplace Safety and Insurance Board, Respondent Greg Bullen, Counsel

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.

2The Application indicated that there were ongoing grievance proceedings before the Grievance Settlement Board that appeared to be related to the issues and events described in the Application.

3While the Workplace Safety and Insurance Board (WSIB) was named as a respondent there do not appear to be any allegations that the WSIB discriminated against the applicant.

4On June 6, 2013, the Tribunal issued a Notice of Intent to Defer because of the ongoing grievance proceeding. The parties were invited to make submissions on whether the Application should be deferred.

5Both respondents filed submissions in support of deferral. The applicant has not filed submissions on the deferral issue and the time for doing so has now passed.

6The Tribunal will typically defer consideration of an Application when there is an ongoing grievance proceeding relating to the same issues and events because arbitrators not only have the power but also the responsibility to deal with the Code in relation to grievances.

7The respondent employer advises that the grievances are before the Grievance Settlement Board and that hearing dates have been set.

8In these circumstances, it is appropriate to defer further consideration of the Application until the grievance proceeding has been concluded.

ORDER

9The Application is deferred pending the conclusion of the related grievance proceeding.

10The process for re-activating an Application that has been deferred is set out in Rule 14 of the Tribunal’s Rules of Procedure. A request to re-activate must be made within six months of the conclusion of the other proceeding.