Human Rights Tribunal of Ontario
Between:
Jodi-Anne Formosi Applicant
-and-
Halton Catholic District School Board Respondent
-and-
Ontario English Catholic Teachers Association Intervenor
Interim Decision
Adjudicator: Josée Bouchard Date: October 12, 2016 Citation: 2016 HRTO 1321 Indexed as: Formosi v. Halton Catholic District School Board
Written Submissions
Jodi-Anne Formosi, Applicant Self-represented
Halton Catholic District School Board, Respondent Sarah A. Eves, Counsel
Introduction
1This Application was deferred by Interim Decision, 2015 HRTO 1347, dated October 8, 2015, pending the conclusion of grievance proceedings filed by the Ontario English Catholic Teachers Association ("the Association") on behalf of the applicant.
2On September 4, 2016, the applicant made a request to reactivate the Application, arguing that the grievance proceedings have concluded with the release of a Labour Arbitration Award (the "Award") dated July 5, 2016.
3The respondent filed its Response to the request to reactivate on September 16, 2016, opposing the request on the basis that the grievance proceedings have not concluded. The respondent indicates that the Award provides as follows: "The issues of remedy is remitted to the parties to resolve". The Award further states that the Arbitrator remains seized.
4The respondent submits that, further to the Award, the respondent and the Association, on behalf of the applicant, entered into negotiations concerning appropriate remedies. Issues of damages and other remedies relating to the breaches of the Code, as alleged in the applicant's termination and grievances, have yet to be resolved by the parties or determined by the arbitrator. If the respondent and the Association are unable to resolve the issues of damages and remedies arising from the Award, these issues will be remitted back to the Arbitrator for determination.
Reactivation
5The 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.
6In light of the fact that the grievance proceedings have not concluded, I find that there is no basis to reactivate the Application based on the information before the Tribunal at this time.
Order
7The request to reactivate is denied at this time. The Application remains deferred pending the conclusion of the grievance proceedings.
8I am not seized.
Dated at Toronto, this 12th day of October, 2016.
"Signed by"
Josée Bouchard Vice-chair