Baird v. RUETGERS Canada Inc., 2016 HRTO 1664

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Julie-Anne Baird

Applicant

-and-

RUETGERS Canada Inc.

Respondent

-and-

Unifor Canada Local 24

Affected Party

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: December 22, 2016

Citation: 2016 HRTO 1664

Indexed as: Baird v. RUETGERS Canada Inc.

WRITTEN SUBMISSIONS

Julie-Anne Baird, Applicant

Josh Lang, Counsel

RUETGERS Canada Inc., Respondent

Andy Pushalik, Counsel

1This Interim Decision addresses the applicant’s request to re-activate her deferred Application.

2The applicant filed an Application alleging that the respondent discriminated against her in employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). On June 22, 2016, the Tribunal sent the parties a Notice of Intent to Defer the Application due to the existence of an ongoing grievance filed on the applicant’s behalf by her union. On consent of the parties, the Tribunal deferred the Application pending the conclusion of the grievance proceeding.

3On November 2, 2016, the applicant requested that the Tribunal re-activate the Application because her union has agreed to withdraw the grievance in the event that the Tribunal Application is resolved. The respondent opposed re-activation while the grievance is ongoing.

Finding

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 ongoing. If the Applicant wishes to proceed with her Application, she may withdraw her grievance and seek to re-activate her Application once the grievance is withdrawn.

ORDER

6For the above reasons, the applicant’s request to re-activate her deferred Application is denied at this time.