Samsam Abdulle v. National Car Rental and Alamo Rent-a-Car, 2013 HRTO 15

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Samsam Abdulle

Applicant

-and-

National Car Rental and Alamo Rent-a-Car

Respondents

-and-

United Food and Commercial Workers Canada, Local 175

Intervenor

INTERIM DECISION

Adjudicator: Douglas Sanderson Date: January 4, 2013 Citation: 2013 HRTO 15 Indexed as: Abdulle v. National Car Rental

WRITTEN SUBMISSIONS

Samsam Abdulle, Applicant

Cecil Norman, Representative

1In a previous Interim Decision, 2012 HRTO 2097, the Tribunal deferred this Application pending the conclusion of a grievance the intervenor filed on behalf of the applicant. On November 28, 2012, the applicant filed a Request to reactivate the Application under Rule 14.3. The applicant stated that the grievance was settled on October 12, 2012 and the applicant, respondent and intervenor executed minutes of settlement. The applicant stated that the "Arbitrator in the grievance process did not deal with her human rights Application." Neither the respondent nor the intervenor responded to the Request and the time for doing so has passed.

2In the circumstances, the request to proceed is granted. However, Rule 14.4 of the Tribunal's Rules of procedure states as follows:

Where an Application was deferred pending the outcome of another legal proceeding, a request to proceed under Rule 14.3 must be filed no later than 60 days after the conclusion of the other proceeding, must set out the date the other legal proceeding concluded and include a copy of the decision or order in the other proceeding, if any.

3In my view, Rule 14.4 also requires the party requesting to proceed to include a copy of any settlement in the other proceeding, which the applicant has not done. In my view, it is also appropriate to seek submissions regarding whether the settled grievance amounts to a proceeding that has dealt with the substance of the Application, pursuant to section 45.1 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), or, whether allowing the Application to proceed would amount to an abuse of process in light of the settlement of the grievance.

Order

4The Tribunal orders as follows:

1. The Request to proceed with the Application is granted;

2. Within 14 days of the date of this Interim Decision, the applicant shall file both the grievance to which the Application was deferred and the minutes of settlement concluding that grievance;

3. Within 14 days of this Interim Decision, the respondent and applicant may filed with the Tribunal and deliver to the other parties written submissions regarding whether the Tribunal should dismiss the Application pursuant to section 45.1 of the Code or as an abuse of process; and,

4. Within 14 days of receiving submissions described in paragraph 4(3), above, if any, the applicant may file with the Tribunal and deliver to the respondent and intervenor written submissions regarding whether the Tribunal should dismiss the Application pursuant to section 45.1 of the Code or as an abuse of process.

5I am not seized.