Michael Gleason v. Pembroke Regional Hospital, 2016 HRTO 57

Human Rights Tribunal of Ontario

B E T W E E N:

Michael Gleason Applicant

-and-

Pembroke Regional Hospital Respondent

INTERIM DECISION

Adjudicator: Douglas Sanderson Date: January 13, 2016 Citation: 2016 HRTO 57 Indexed as: Gleason v. Pembroke Regional Hospital

WRITTEN SUBMISSIONS

Michael Gleason, Applicant Self-represented

Pembroke Regional Hospital, Respondent No one appearing

Canadian Union of Public Employees, Local 1502, Affected Party Sue Lott, Counsel

1This Application, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges discrimination with respect to employment.

2On November 18, 2015, the Tribunal sent the parties a Notice of Intent to Defer the Application pending the completion of another legal proceeding, i.e., grievance/ arbitration under a collective agreement. The Notice invited the parties to make submissions about whether the Application should be deferred by December 18, 2015. The applicant and the affected party, his union, filed submissions. The respondent did not.

3The applicant submitted that deferral was not appropriate because his union has failed to represent him. The affected party submitted that it filed a grievance on the applicant’s behalf dealing with the issues raised in the Application. However, the applicant has been out of the workplace and has no known return to work date. Consequently, the affected party has not been able to move the grievance forward. The affected party stated that the grievance is in abeyance and submitted that the Application should not be deferred.

4I find that there is no basis on which to defer this Application, since the applicant’s grievance is not proceeding. The Tribunal shall continue to process the Application.

Direction

5The respondent is directed to file a Response with 35 days of the date of this Interim Decision.

6I am not seized.