Nuria Abdosh v. North York General Hospital, 2014 HRTO 1180

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nuria Abdosh Applicant

-and-

North York General Hospital Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: August 7, 2014 Citation: 2014 HRTO 1180 Indexed as: Abdosh v. North York General Hospital

WRITTEN SUBMISSIONS

Nuria Abdosh, Applicant Self-represented

North York General Hospital, Respondent H.P. Rolph, Counsel

1The applicant filed an Application alleging that the respondent discriminated against her contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Specifically, the applicant alleged that the respondent discriminated against her by imposing two suspensions and by failing to provide reasonable accommodations for her religious observance. In addition to filing her Application, the applicant filed three grievances in relation to the same issues raised in her Application. The applicant’s union referred all three grievances to arbitration.

2By letter dated April 28, 2014, the Tribunal deferred consideration of the Application pending the conclusion of the grievance arbitration in the matter.

3By correspondence dated July 29, 2014, the applicant sought to re-activate her Application stating that she has been waiting too long for her issues to be resolved. She indicated that she was suffering from the wait and that she felt it was too long to continue waiting until November 4, 2014.

4The respondent opposed any lifting of the deferral in this matter. It indicated that two hearing days have already taken place and that two more are scheduled for November 2014.

5Given that the arbitration proceeding has already begun and that it is ongoing, the Tribunal does not consider it appropriate to lift the deferral in this matter.

Order

6The Application will remain deferred pending the conclusion of the arbitration proceeding.

7The parties’ attention is drawn to Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure, which address how the Application may be brought back on before the Tribunal, following conclusion of the arbitral proceeding. In particular, the parties should note that a request to proceed with the Application would have to be filed no later than 60 days after the conclusion of the arbitral proceeding. The Rules of Procedure are available on the Tribunal’s website, www.hrto.ca under “New Applications”.