Randy Merrill v. Liquor Control Board of Ontario, 2013 HRTO 1262

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Randy Merrill

Applicant

-and-

Liquor Control Board of Ontario

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: July 19, 2013

Citation: 2013 HRTO 1262

Indexed as: Merrill v. Liquor Control Board of Ontario

WRITTEN SUBMISSIONS

Randy Merrill, Applicant

Self-represented

Liquor Control Board of Ontario, Respondent

Adrienne Couto, Counsel

1This Interim Decision addresses the applicant’s request to reactivate this Application.

2By Interim Decision dated June 21, 2012, the Tribunal deferred this Application pending the outcome of a grievance filed by the applicant under his collective agreement.

3On July 5, 2013, the applicant filed a Request for Order During Proceedings (“Request”) in which he sought to reactivate his Application. In his Request, he stated that the respondent refused to “sign” his grievance and therefore his Application should be reactivated.

4By Response dated July 16, 2013, the respondent stated that it had met with the applicant’s union in an effort to negotiate a return to work agreement and to mediate the applicant’s grievance. Although the parties were successful in negotiating a return to work agreement, they were unable to resolve the grievance. As a result, further dates are being scheduled to litigate the applicant’s grievance.

5In these circumstances, it is not appropriate to reactivate the applicant’s Application since the Application has been deferred pending the completion of the grievance process. I find that the grievance should remain deferred pending the full completion of the grievance process, including the arbitration of the applicant’s grievance.

6The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure which outline the process by which an Application may be reactivated at the conclusion of the arbitration process. It should be noted that any party seeking to reactivate the Application must do so no more than 60 days after the issuance of an arbitral decision or any other form of conclusion of the arbitral proceeding.

Direction

7The Tribunal directs that the Application remain deferred pending the conclusion of the grievance arbitration proceeding.