Tibbetts v. Humber College, 2015 HRTO 1623

Human Rights Tribunal of Ontario

B E T W E E N:

Andrew Tibbetts Applicant

-and-

Humber College, Rummy Gill, Meg Houghton, Christa Hinds and Humaira Pirooz Respondents

DECISION

Adjudicator: Bruce Best Date: December 1, 2015 Citation: 2015 HRTO 1623 Indexed as: Tibbetts v. Humber College

1On December 4, 2014, the Tribunal deferred this Application pending the completion of an ongoing grievance.

2By letter of September 22, 2015, the Tribunal required the applicant to inform the Tribunal whether the grievance process was continuing, and, if so, when it was expected to be completed. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned.

3On October 22, 2015, the respondents wrote to the Tribunal, copied to the applicant and union, enclosing an email from the union’s grievance officer dated January 2, 2015 which indicated that the applicant had “elected to withdraw his grievance in favour of the HRTO process.” The respondents noted that the applicant did not take steps to reactivate the Application within 60 days of withdrawing the grievance, under Rule 14. The respondents further asked the Tribunal dismiss the Application as abandoned.

4Neither the applicant nor the union have responded to the Tribunal’s September 22, 2015 letter, or the respondents’ October 22, 2015 letter. The grievance appears to have been withdrawn in January 2015, and no request to re-activate has been filed with the Tribunal.

5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.