Jerri-Lynne Smith v. 1854862 Ontario Inc. o/a Laughing Buddha, 2015 HRTO 1338

Human Rights Tribunal of Ontario

B E T W E E N:

Jerri-Lynne Smith Applicant

-and-

1854862 Ontario Inc. o/a Laughing Buddha and/or Laughing Buddha Pipes and Jin Wei (Yan) Zhen Respondents

INTERIM DECISION

Adjudicator: Laurie Letheren Date: October 7, 2015 Citation: 2015 HRTO 1338 Indexed as: Smith v. 1854862 Ontario Inc. o/a Laughing Buddha

WRITTEN SUBMISSIONS

Jerri-Lynne Smith, Applicant Self-represented

1854862 Ontario Inc. o/a Laughing Buddha and/or Laughing Buddha Pipes and Jin Wei (Yan) Zhen, Respondents Jason Huang, Representative

Introduction

1This Application alleges discrimination with respect to employment because of sex contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2This Interim Decision addresses the respondents' request that the Tribunal defer consideration of the Application pending the result of a proceeding at the Ontario Labour Relations Board ("OLRB").

3The applicant filed a Reply. Attached to the Reply is a Settlement Agreement signed by the parties to the OLRB matter.

4At the request of the Tribunal, the applicant submitted a copy of the OLRB decision. This decision was issued on June 4, 2015 and the applicant applied for a review of that decision. The Settlement Agreement referenced in paragraph 3 is a settlement of the review of the June 4, 2015 decision.

5Since the OLRB matter has concluded, it is not appropriate to defer this Application.

ORDER

6For the reasons set out above, the respondents' deferral request is denied.

7As the parties have agreed to mediation, the next step will be for the Registrar to schedule mediation in this matter.