Elizabeth Moran v. Georgian Bay General Hospital, 2014 HRTO 301

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Elizabeth Moran

Applicant

-and-

Georgian Bay General Hospital

Respondent

-and-

Canadian Union of Public Employees, Local 3157

Intervenor

INTERIM DECISION

Adjudicator: Alison Renton Date: March 7, 2014 Citation: 2014 HRTO 301 Indexed as: Moran v. Georgian Bay General Hospital

WRITTEN SUBMISSIONS

Elizabeth Moran, Applicant Linda Jane O’Neil, Representative

Georgian Bay General Hospital, Respondent Andrew Zabrovsky, Counsel

Canadian Union of Public employees, Local 3157, Intervenor No submissions filed

1In an Interim Decision dated January 7, 2014, 2014 HRTO 15, the Tribunal granted the intervenor leave to intervene status and deferred the Application pending the completion of the grievance process with respect to the applicant’s outstanding grievance.

2On February 11, 2014, the applicant filed a Request for Order During Proceedings (“RFOP”) in which she requested to re-activate her Application. She advised that the intervenor had withdrawn her grievance and she attached to her RFOP a letter the intervenor sent to the respondent, dated January 8, 2014, withdrawing the applicant’s grievance, as well as a letter the intervenor sent to her, dated January 9, 2014, confirming the withdrawal of her grievance.

3The respondent filed a Response to the RFOP on February 24, 2014. In it, the respondent advised that it takes no position with respect to the applicant’s request to re-activate. It submitted that it cannot comment on anything that transpired between the applicant and the intervenor resulting in the withdrawal of her grievance.

4The intervenor has not filed a Response to the RFOP and the time for doing so has elapsed.

5In the circumstances, as the grievance procedure appears to have been completed, the applicant’s Request to re-activate her Application is granted.

6As both parties have agreed to mediation, the Tribunal will schedule a mediation, the details of which will be provided to the parties under separate cover.

7I am not seized with this matter.