Abul Chowdhury v. Hilton Toronto, 2016 HRTO 1593

Human Rights Tribunal of Ontario

B E T W E E N:

Abul Chowdhury

Applicant

-and-

Hilton Toronto

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: December 9, 2016

Citation: 2016 HRTO 1593

Indexed as: Chowdhury v. Hilton Toronto

1This is an Application filed on November 18, 2014, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), which alleges discrimination in employment on the basis of race, colour, ethnic origin and creed, and reprisal.

2In Interim Decision 2015 HRTO 247, issued on February 27, 2015, this Application was deferred pending the conclusion of a grievance arbitration commenced by the applicant and his bargaining agent.

3The applicant filed a request for Order During Proceeding (“Request”) on November 17, 2016, seeking the reactivation of the Application. The applicant makes lengthy submissions with respect to the arbitration process which have little bearing on the issue at hand. Indeed it is not entirely clear from the applicant’s submission that the arbitration has concluded, although it can be inferred from the circumstances, including the submissions of the respondent, that the matter has concluded with the applicant’s bargaining agent advising the applicant in writing on August 18, 2016 that it was not going forward with the arbitration hearing.

4The respondent opposes the Request on the basis that it is out of time, being made a month or so after the expiry of the 60-day period contemplated by Rule 14 of the Tribunal’s Rules of Procedure. The respondent requested that in the event that the Request was granted it be afforded an opportunity to file a full Response to the Application and a Request for Summary hearing.

5In the circumstances I exercise my discretion to waive the time requirements of the Rule. The applicant’s Request to reactivate the Application is granted. I also grant the respondent’s requests and direct that the respondent file its Response and Request for Summary Hearing within 35 days of the date of this Interim Decision.

6I am not seized of this case.