Andrew Jayashankar v. Hilton Toronto Hotel and Kiran Panikar, 2013 HRTO 1366

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrew Jayashankar Applicant

-and-

Hilton Toronto Hotel and Kiran Panikar Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: August 9, 2013 Citation: 2013 HRTO 1366 Indexed as: Jayashankar v. Hilton Toronto Hotel

WRITTEN SUBMISSIONS

Andrew Jayashankar, Applicant Self-represented

Hilton Toronto Hotel, Respondent Michelle A. Alton, Counsel

1The applicant filed an Application on October 22, 2012 under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended alleging discrimination and reprisal with respect to employment on the basis of place of origin, ethnic origin and age.

2The Application was deferred by Interim Decision 2013 HRTO 910 pending the completion of a related OLRB process.

3The applicant subsequently filed a request to reactivate on the basis that he has withdrawn his grievance. The respondent employer takes no position in regards to this request. Neither the personal respondent nor the affect party union filed submissions in response to the reactivation request.

4Given that the applicant’s grievance procedures are now concluded, it appears that the concerns giving rise to deferral are no longer an issue. On that basis the Tribunal will grant the reactivation request.

5The Interim Decision deferring this matter stated that, at the time of a reactivation request, all parties were required to indicate whether or not they were amenable to mediation.

ORDER

6The Application is reactivated.

7Within 7 days of the date of this Interim Decision, all parties and the affected party union are required to write to the Tribunal, copied to each other, confirming whether or not they are amenable to mediation.

8I am not seized.