Human Rights Tribunal of Ontario
BETWEEN:
Kevin Fehr Applicant
-and-
Securitas Canada Ltd. Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané Date: May 15, 2015 Citation: 2015 HRTO 639 Indexed as: Fehr v. Securitas Canada Ltd.
WRITTEN SUBMISSIONS
Kevin Fehr, Applicant Susan Houston, on the applicant’s behalf
Securitas Canada Ltd., Respondent Daniel McDonald, Counsel
1This Application alleges discrimination with respect to employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Amongst other things the applicant alleges that his termination from employment was discriminatory.
2On March 10, 2015, the Tribunal issued Interim Decision, 2015 HRTO 286 which deferred the Application pending the conclusion of the grievance arbitration proceeding.
3On April 23, 2015 the applicant filed a Request to reactivate the Application on the basis that the arbitrator issued a Decision on April 15, 2015 which reflects that the grievance was resolved by the parties. The respondent opposes the Request to reactivate on the basis that it is premature because the parties are still trying to resolve the issue of outstanding damages that may be owed to the applicant.
DECISION
4Having reviewed this matter I am of the view that the grievance arbitration proceeding is concluded. I note that paragraph 7 of the Decision states: “Having regard to the foregoing this arbitration proceeding is hereby terminated”. Though the arbitrator has remained seized with any disputes which may arise under the settlement, I find that there is currently no longer any on-going proceeding. I therefore find that it is appropriate for the Tribunal to reactivate this Application.
ORDER
5The Tribunal orders:
a. The Application is reactivated:
b. Within 35 days of the date of this Interim Decision the respondent must file a Form 2, Response to the Application; and
c. Within 14 days of the receipt of the Form 2, Response the applicant may file a Reply.
6I note that Unifor, the applicant’s union, has not filed a Request to intervene in this matter and is not a party to this proceeding. Neither the Tribunal nor the parties are required to send any further correspondence to Unifor unless it files a Request to intervene in this matter.
7I am not seized.
Dated at Toronto, this 15th day of May, 2015
“Signed by”
Geneviève Debané Vice-chair