HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Sonya Estrela
Applicant
-and-
Maplewood Nursing Homes Ltd. o/a Cedarwood Village
Respondent
-and-
CAW Local 302
Intevenor
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: Estrela v. Maplewood Nursing Homes Ltd.
1This Application was filed on April 23, 2013. It was served on the Respondent and also delivered to the applicant’s union.
2The respondent and the union both advise that there is an ongoing grievance procedure that is relevant to the issues raised in the Application. The respondent asks that the Tribunal defer further consideration of the Application until the grievance proceeding is concluded. The union has also asked that it be allowed to intervene.
3The respondent’s request that the Application be deferred is granted. The Tribunal will generally defer further consideration of an Application if there is an ongoing grievance proceeding. I note that the grievance was scheduled for May 8, 2013. When the grievance procedure has been concluded, the applicant may ask that her Application be re-activated. She must do this within six months of the date that the grievance procedure is completed.
4The Tribunal will also generally allow a union to intervene in an Application if the issues raised in the Application are related to issues that the union is concerned with or that potentially impact on the operation of a collective agreement. The union’s request to intervene is granted.
ORDER
5Further consideration of the Application is deferred until the grievance procedure is completed.
6The union’s request to intervene is granted.
Dated at Toronto, this 27th day of May, 2013.
“Signed By”
Brian Cook
Vice-chair