Mariusz Beres v. Toronto District School Board, 2013 HRTO 1714

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mariusz Beres

Applicant

-and-

Toronto District School Board and Anthony Vandyke

Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: October 11, 2013 Citation: 2013 HRTO 1714 Indexed as: Beres v. Toronto District School Board

WRITTEN SUBMISSIONS

Mariusz Beres, Applicant Self-represented

Ontario Secondary School Teachers’ Federation, Affected Party Heather Alden, Counsel

1This Application was filed on July 30, 2012 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination with respect to employment on the ground of disability.

2The Application was deferred pending the completion of the grievance procedures.

3The applicant filed a request to reactivate the Application on the basis that he believed the union was no longer proceeding with the grievance.

4The respondents filed submissions disputing that the grievance process is completed because the organizational respondent has not been informed by the applicant’s union that the grievance has been withdrawn.

5As such, the Tribunal issued a Case Assessment Direction requiring the applicant’s union to write to the Tribunal, copied to the parties, advising of the status of the applicant’s grievance. The Tribunal indicated that the parties may file reply submissions.

6On September 25, 2013, the applicant’s union wrote to the Tribunal confirming that the applicant’s grievance was withdrawn and provided a copy of a letter dated September 13, 2013 advising the applicant of the same.

7The applicant’s grievance is no longer proceeding. In these circumstances, it is appropriate to reactivate the Application. The Tribunal will continue to process the Application.

8The respondents are directed to file their Response(s) within 35 days of the date of this Interim Decision.

9I am not seized.