Tonka Misetich v. Value Village Inc. and Savers Inc., 2014 HRTO 684

Human Rights Tribunal of Ontario

B E T W E E N:

Tonka Misetich Applicant

-and-

Value Village Inc. and Savers Inc. Respondents

INTERIM DECISION

Adjudicator: Brian Cook Date: May 13, 2014 Citation: 2014 HRTO 684 Indexed as: Misetich v. Value Village Inc.

1This Interim Decision deals with the respondent’s request that the Application be deferred pending the results of an objection the applicant has filed with the Workplace Safety and Insurance Board (WSIB). The applicant does not agree that the Application should be deferred.

2In the Application, the applicant alleges that the respondent did not appropriately accommodate disabilities that the applicant believes result from a work-related repetitive strain injury. The applicant also alleges that she was discriminated against on the grounds of family status.

3The applicant filed a claim for benefits with the WSIB but the WSIB determined that the applicant had not experienced a work-related repetitive strain injury because her work was not repetitive. The applicant filed an objection to that decision with the WSIB Appeals Branch in January 2013. There is no information about the status of that objection.

4In my view, it is not appropriate to defer consideration of the Application at this time. While there is overlap between the issues that may be considered by the WSIB and the issues raised in the Application, the primary issue before the WSIB is whether the applicant has any work-related injury. This is a critical issue for WSIB purposes because a worker is only entitled to benefits from the WSIB if the worker has a work-related injury. A finding by the WSIB that the applicant does not have a work-related injury does not dispose of the question of whether she has a disability.

5If the WSIB were to determine that the applicant does have a work-related injury, it would then consider what benefits the applicant might be entitled to. The WSIB would not necessarily determine whether the applicant experienced discrimination because of disability of family status.

6For these reasons, the Tribunal will not defer the Application at this time and will continue to process the Application.

7The applicant is directed to advise the Tribunal and the respondent when she receives a decision from the WSIB concerning her objection.