Luigi DeFrancesco v. Loblaw Great Food, 2013 HRTO 1839

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Luigi DeFrancesco

Applicant

-and-

Loblaw Great Food

Respondent

-and-

United Food and Commercial Workers Canada, Local 1000A

Intervenor

INTERIM DECISION

Adjudicator: Ena Chadha

Date: October 31, 2013

Citation: 2013 HRTO 1839

Indexed as: DeFrancesco v. Loblaw Great Food

1The applicant filed this Application on November 13, 2012, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination and reprisal with respect to employment on the basis of disability and age.

2The applicant’s narrative references concerns regarding his interactions with the United Food and Commercial Workers Canada, Local 1000A (“the Union”).

3On October 8, 2013, the Tribunal issued an Interim Decision granting the Union intervener status and raising the issue of deferral in light of the fact that there appeared to be an outstanding grievance regarding the respondent employer’s alleged delay in accommodating the applicant. The Union’s submissions indicated that the grievance was proceeding to arbitration in July 2013.

4Although the Tribunal directed the parties to file submissions regarding the issue of deferral, no party filed submissions. As such, it appears that no party objects to the proposed deferral.

5In these circumstances, the Application is deferred pending the completion of the grievance proceedings.

6The parties’ attention is directed to the Tribunal’s Rules of Procedure regarding the steps for reactivating a deferred application. Where a party wishes to proceed with an application which has been deferred, the party must make a Rule 19 Request for an Order During Proceedings within 60 days after the conclusion of the other proceeding (Rules 14.3 and 14.4).

7I am not seized.