Liaqat v. Chaudhry, 2013 HRTO 322

Human Rights Tribunal of Ontario

Between:

Hina Liaqat Applicant

-and-

Farooq Chaudhry Respondent

Interim Decision

Adjudicator: Paul Aterman Date: February 26, 2013 Citation: 2013 HRTO 322 Indexed as: Liaqat v. Chaudhry

Written Submissions

Hina Liaqat, Applicant Self-represented

Farooq Chaudhry, Respondent Denise Boyce, Counsel

Introduction

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 sexual solicitation. The applicant alleges that the respondent engaged in a pattern of harassing sexual conduct over the course of the years that she worked at his restaurant franchise.

2In addition to filing this Application, the applicant filed a claim with the Ministry of Labour alleging a contravention of the Employment Standards Act, 2000, S.O. 2000, c. 41.

3The respondent has filed his Response and included in it a Request to Dismiss the Application pursuant to s.45.1 of the Code on the grounds that a proceeding before the Ontario Labour Relations Board (the "Board") has appropriately dealt with the substance of the Application. The respondent has not filed a copy of the decision in the proceeding he maintains has been decided by the Board.

4For the reasons set out below, the respondent's Request is denied.

Analysis

5There is nothing before me to indicate that a decision has been taken in relation to the Employment Standards Act claim. The applicant filed a copy of a letter from the Ministry of Labour dated August 8, 2012 acknowledging receipt of her claim. The respondent filed a copy of a letter from the Ministry dated October 25, 2012 requesting that he forward documents relating to the applicant's pay history to the Ministry in order to enable a decision to be taken on the claim.

6In the absence of a decision in another proceeding there is nothing for the Tribunal to adjudicate in this Request. Instead, what needs to be determined is whether the Tribunal should defer considering this Application until the proceedings dealing with the Employment Standards Act claim are resolved.

7Rule 14 of the Tribunal's Rules of Procedure provides that the Tribunal may, on its own initiative or on the request of a party, defer consideration of an application pursuant to section 45 of the Code. Some of the factors that may be relevant in deciding whether to defer consideration of an application before the Tribunal are the subject matter of the other proceeding, the nature of the other proceeding, the types of remedies available in the other proceeding, and whether it would be fair overall to the parties to defer, having regard to the status of each proceeding and the steps that have been taken to pursue them.

Order

8The respondent's Request to Dismiss is denied.

9The Applicant is directed to provide written submissions on whether the Application should be deferred, deliver them to the respondent and file them with the Tribunal within 14 days of the date of this Interim Decision.

10The respondent may reply to the applicant's submissions by delivering them to the applicant and filing them with the Tribunal within 21 days of the date of this Interim Decision.