Mekhail v. Dufferin-Peel Catholic District School Board, 2014 HRTO 1589

Human Rights Tribunal of Ontario

B E T W E E N:

Adel Mekhail Applicant

-and-

Dufferin-Peel Catholic District School Board Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: October 28, 2014 Citation: 2014 HRTO 1589 Indexed as: Mekhail v. Dufferin-Peel Catholic District School Board

WRITTEN SUBMISSIONS

Adel Mekhail, Applicant Self-represented

Dufferin-Peel Catholic District School Board, Respondent John-Paul Alexandrowicz, Counsel

1The applicant alleged that the respondent discriminated against him because of race, colour, ancestry, place of origin, and ethnic origin 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 him when it did not hire him for a Building Operator position.

2In Interim Decision 2014 HRTO 1539, I dismissed the respondent's request to dismiss the Application under s. 45.1 of the Code. Section 45.1 of the Code provides the Tribunal with the power to dismiss applications if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application. I found that the informal resolution of a grievance such as took place in this case does not constitute a proceeding within the meaning of s. 45.1 of the Code.

3The respondent requested, in the alternative, that the Tribunal defer consideration of the Application pending the resolution of another grievance filed by the applicant (Grievance 14.04). I directed the parties to advise the Tribunal of the status of the union's handling of Grievance 14.04.

4The applicant filed submissions that were not responsive to the Tribunal's direction but instead largely reiterated the basis for his Application.

5By letter dated October 21, 2014, the respondent informed the Tribunal that the applicant's union advised it that it considered Grievance 14.04 to be resolved.

6In these circumstances, I do not find it appropriate for the Tribunal to defer consideration of the Application. I also do not find it appropriate to dismiss the Application under s. 45.1 of the Code for the same reasons provided in Interim Decision 2014 HRTO 1539.

Order

7The respondent's requests to dismiss or defer the Application are denied.

8Since both parties have agreed to attempt mediation in this case, the Registrar will schedule a mediation and advise the parties of the date of the mediation by Notice of Mediation.