Jongazma v. Saputo Dairy Product Canada G.P., 2015 HRTO 690

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ahmad Jongazma

Applicant

-and-

Saputo Dairy Product Canada G.P. and Scott Canon

Respondents

INTERIM DECISION

Adjudicator: Laurie Letheren

Date: May 27, 2015

Citation: 2015 HRTO 690

Indexed as: Jongazma v. Saputo Dairy Product Canada G.P

WRITTEN SUBMISSIONS

Ahmad Jongazma, Applicant

Ayoob Khan, Representative

Saputo Dairy Products Canada G.P. and Scott Canon, Respondent(s)

Michelle D. MacGillivray, Counsel

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Application was deferred by the Tribunal on March 24, 2014 pending the completion of a related grievance and arbitration proceeding.

2On November 4, 2015 the labour arbitrator issued her decision. The applicant served the respondents and filed with the Tribunal a timely Request (Form 10) to reactivate the deferred Application.

3The respondents have filed a Form 11 Response to the applicant’s Request to reactivate. The respondents oppose the Request to reactivate and requests that the Application be dismissed under section 45.1of the Code on the grounds that the substance of the Application was appropriately dealt with by the labour arbitration.

4Having reviewed the matter, I find that the Ontario Labour Relations Board proceeding is concluded and that it is appropriate for the Tribunal to reactivate the Application. The Tribunal will continue to process the Application.

5The respondents are directed to deliver and file their Responses to the Application within 35 days of receiving this Interim Decision.

6If the respondents wish to file a Reply to the applicant’s response to the Request for dismissal, submissions must be filed within 35 days of the date of this Interim Decision.

7After the respondents have provided submissions in reply, or the time for doing so has passed, the Tribunal may determine the issue in writing, or issue further directions.

ORDER

8The Tribunal makes the following Orders:

a. This Application is reactivated.

b. Within 35 days of the date of receiving this Interim Decision, the respondents shall file with the Tribunal their Response(s) (Form 2) to the Application, along with a Reply, if any, to the applicant’s response to the Request for dismissal.

c. After the respondents have provided submissions in reply, or the time for doing so has passed, the Tribunal may determine the issue in writing, or issue further directions.

9I am not seized.