Janette Blais v. Ottawa Carlton District School Board, 2013 HRTO 501

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Janette Blais Applicant

-and-

Ottawa Carlton District School Board Respondent

INTERIM DECISION

Adjudicator: Ena Chadha Date: March 25, 2013 Citation: 2013 HRTO 501 Indexed as: Blais v. Ottawa Carlton District School Board

WRITTEN SUBMISSIONS

Ottawa Carlton District School Board, Respondent Roger R. Mills, Counsel

Ontario Secondary School Teacher’s Federation, Affected Party Susan Luft, Counsel

1This Application was filed on September 13, 2012, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment on the basis of disability.

2The applicant alleges that the respondent employer failed to accommodate her medically related need for a modified schedule. The applicant provided a copy of her workplace grievance dated August 23, 2011 regarding the issue of accommodation and work scheduling and the applicant noted that this grievance is still pending.

3The respondent filed a partial Response on the basis that it requests the Tribunal defer the Application pending the conclusion of the grievance process.

4The applicant’s union, the Ontario Secondary School Teacher’s Federation, as the affected party has also requested that the Application be deferred on the basis that the grievance and Application pertain to the same facts and same human rights issues.

5As a matter of course, parties are expected to complete the exchange of pleadings, i.e., Application, Response and Reply, prior to raising preliminary matters. The Tribunal has repeatedly stated that, absent exceptional circumstances, the Tribunal generally requires respondents to file a full response before the Tribunal will deal with any preliminary requests. As stated in Grant v. Bombardier, 2009 HRTO 267, at para. 7, “[t]he filing of a complete response is an integral part of the Tribunal’s process.” This allows for a better understanding of the nature of the issues and assists the Tribunal in determining how best to proceed with the Application with a view to facilitating its fair, just and expeditious resolution, including making preliminary determinations.

6Prior to considering the issue of deferral, the Tribunal requires that the respondent file a full and complete Response. The respondent is directed to file its complete Response within 21 days of this Interim Decision.

7I am not seized of this matter.