Fitzgerald v. I.F. Wilson Fire Protection, 2013 HRTO 1940

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alphonsus Fitzgerald Applicant

-and-

I.F. Wilson Fire Protection and Elaine Fior Respondents

INTERIM DECISION

Adjudicator: David Muir Date: November 22, 2013 Citation: 2013 HRTO 1940 Indexed as: Fitzgerald v. I.F. Wilson Fire Protection

WRITTEN SUBMISSIONS

Alphonsus Fitzgerald, Applicant Self-represented

I.F. Wilson Fire Protection and Elaine Fior, Respondents Tyle Inkster, Counsel

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.

2This Application was deferred without objection from any party pending Employment Standards Act proceeding which dealt with related or overlapping issues.

3The applicant has filed a Request for Order During Proceeding (“Request”) seeking the reactivation of the Application because the employment standards officer (“ESO”) has rendered her decision. The respondents oppose the Request because it says that they intends to exercise their right to seek a review of the ESO’s decision pursuant to s. 116(1) of the Employment Standards Act. The respondents indicate that they intend to seek such a review before the Ontario Labour Relations Board and accordingly the related proceeding to which this Application has been deferred has not yet concluded.

4I find that it would not be appropriate to reactivate this Application at this time. The respondents are correct that they have the right to seek a review of the ESO’s decision and if they do so the proceeding to which the Application was deferred has not concluded.

5In order to ensure the fair just and expeditious adjudication of this claim the Tribunal makes the following Directions:

a. The Request to re-activate is denied at this time;

b. The respondents will confirm that they have commenced a review of the ESO’s decision within 14 days of the date of this Direction failing which this Application will be reactivated and proceed to the next stage of the Tribunal’s process.

6I am not seized of this case.