Abdalla Mohamed Ali v. AVIS Budget Group and Ajmer Pabla, 2015 HRTO 143

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Abdalla Mohamed Ali

Applicant

-and-

AVIS Budget Group and Ajmer Pabla

Respondents

-and-

United Food and Commercial Workers, Local 175

Intervenor

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: January 30, 2015

Citation: 2015 HRTO 143

Indexed as: Ali v. AVIS Budget Group

WRITTEN SUBMISSIONS

Abdalla Mohamed Ali, Applicant

Self-represented

AVIS Budget Group and Ajmer Pabla, Respondent

Jordan Winch, Counsel

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

2In an Interim Decision, 2012 HRTO 448, the Tribunal deferred consideration of this Application pending the conclusion of a grievance arbitration.

3In an Interim Decision, 2012 HRTO 2267, the Tribunal continued the deferral of the Application until the judicial review of the arbitrator’s decision had been finalised.

4On January 12, 2015 the applicant filed a Request for an Order During Proceedings (the “Request”) seeking to re-activate the deferred Application.

5On January 15, 2015 the respondents filed a Response to the Request submitting that if the Application is re-activated then the Tribunal must address the Application with respect to whether it should be dismissed to section 45.1 of the Code. Section 45.1 of the Code provides:

The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

6It would appear that the judicial review proceedings have come to an end. Accordingly, the Application is re-activated.

7The Tribunal concurs that it is now appropriate to determine whether the grievance/judicial review proceeding has appropriately dealt with the substance of the Application. Accordingly, a half-day teleconference hearing will be held to deal with this issue. The directions below will apply to the hearing.

orders

8I make the following orders/directions:

a. The Application is re-activated;

b. A half-day teleconference hearing, on the question of dismissal of the Application pursuant to section 45.1 of the Code, will be scheduled by the Registrar.

c. The hearing will address only the question of dismissal pursuant to section 45.1 of the Code.

d. The respondents should be prepared to proceed first at the hearing; and,

e. Any party wishing to rely on written materials not already filed with the Tribunal, or any facts not contained in the Application or Response must deliver such documents or information to the other parties and file them with the Registrar no more than 21 days prior to the scheduled hearing date.

9I am not seized of this matter.