Ferenczy v. Conseil des écoles publiques de l’Est de l’Ontario, 2015 HRTO 254

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Monika Ferenczy Applicant

-and-

Conseil des écoles publiques de l’Est de l’Ontario and Association des enseignantes et des enseignants franco-ontariens Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel
Date: March 3, 2015
Citation: 2015 HRTO 254
Indexed as: Ferenczy v. Conseil des écoles publiques de l’Est de l’Ontario

WRITTEN SUBMISSIONS

Monika Ferenczy, Applicant Self-represented

Conseil des écoles publiques de l’Est de l’Ontario, Respondent Sébastien Lorquet, Counsel

Association des enseignantes et des enseignants franco-ontariens, Respondent Lise Leduc, Counsel

Introduction

1On November 7, 2014, the Tribunal issued Interim Decision 2014 HRTO 1636, which deferred the Application pending the completion of an outstanding grievance filed on behalf of the applicant by her union.

2On February 2, 2015, the applicant made a Request to reactivate the Application. In her materials, the applicant asserts that there was no reason for her union to file the outstanding grievance on her behalf.

3The respondents oppose reactivation because the grievance process has not been concluded. The respondents indicate that they have approached an arbitrator to hear the applicant’s grievance and that they are currently awaiting his availability.

REACTIVATION

4The Tribunal’s Rules of Procedure provide as follows:

14.4 Where an Application was deferred pending the outcome of another legal proceeding, a request to proceed under Rule 14.3 must be filed no later than 60 days after the conclusion of the other proceeding, must set out the date the other legal proceeding concluded and include a copy of the decision or order in the other proceeding, if any.

5I do not find it appropriate to re-activate this Application while the applicant’s grievance is still pending. If the Applicant believes that there is no basis for her grievance, she may withdraw it and seek to re-activate her Application once it is withdrawn.

ORDER

6The request to reactivate is denied at this time. The Application remains deferred pending the conclusion of the grievance process or the withdrawal of the grievance.

7I am not seized of the Application.