Wise v. Aramark Canada Ltd., 2014 HRTO 874

Human Rights Tribunal of Ontario

Between:

Michael Wise Applicant

-and-

Aramark Canada Ltd. Respondent

-and-

Unite Here Local 74 Affected Party

Interim Decision

Adjudicator: David Muir Date: June 13, 2014 Citation: 2014 HRTO 874 Indexed as: Wise v. Aramark Canada Ltd.

Written Submissions

Michael Wise, Applicant Self-represented

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.

2On April 30, 2014, the Tribunal issued a Notice of Intent to Dismiss this Application to the applicant requesting his submissions with respect to the Tribunal’s jurisdiction to deal with the Application because it appeared that the Application may be outside the Tribunal’s jurisdiction because the Application was filed beyond the one-year time limit established in section 34 of the Code.

3The applicant provided his submissions with an explanation for the delay in the filing of this Application.

4At this preliminary stage before the Application has been delivered to the respondent and a Response (Form 2) has been filed, the Tribunal will only dismiss an Application where it is plain and obvious that it is outside its jurisdiction. In light of the applicant’s submissions, I find that it is not plain and obvious that the Application is outside of the jurisdiction of the Tribunal as there appear to be allegations which if proven may establish a violation of the Code.

5It is important to note that this is not a final Decision on the Tribunal’s jurisdiction to deal with this case. I note in particular that the applicant asserts that he is a person with a disability and that this prevented him from filing this Application in a timely way. This is an assertion at this stage which has not been tested or responded to by the respondent. However, the Application will be delivered to the respondent and the affected party with this Interim Decision and it will be processed further by the Tribunal.

Next Steps

6In his Application the applicant advises that the substance of this Application is being dealt with in a grievance filed on his behalf. The grievance proceeding is ongoing. Accordingly it may be appropriate to defer this Application pursuant to section 45 pending the conclusion of the grievance proceeding. The applicant appears to have requested deferral.

7The Tribunal makes the following Directions:

a. If any party objects to the deferral of this Application pending the conclusion of the grievance proceeding they shall do so in writing within 7 days of the date of this Interim Decision failing which the Application will be deferred pending the conclusion of the grievance proceeding.

8I am not seized.