HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Abdullah Mozaffarian
Applicant
-and-
Metrolinx/GO Transit
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Mozaffarian v. Metrolinx/GO Transit
WRITTEN SUBMISSIONS
Abdullah Mozaffarian, Applicant
Self-represented
Metrolinx/GO Transit, Respondent
Nazia Rahim, Representative
1On February 2, 2015, on the consent of the parties, the Tribunal issued a letter deferring the Application pending the conclusion of a grievance proceeding.
2On November 16, 2016, the applicant filed a Request to reactivate the Application. Since the respondent did not file any submissions opposing the Request the Tribunal issued a Registrar’s letter reactivating the Application.
3On December 19, 2015, the respondent filed a Request to set aside the reactivation of the Application. The respondent takes the position that the grievance is still ongoing. The applicant filed submissions opposing the deferral of the Application. He takes the position that though the grievance is on-going he has not given consent to the union to proceed any further with the grievance.
DECISION
4I have considered this matter and I am of the view that the Application should be deferred. Though the applicant indicates that he has not consented to the Union proceeding with his grievance any further, it remains that the grievance is still outstanding and that the grievance proceeding is not concluded.
5If the applicant wishes to proceed with this Application then he must provide written confirmation that the grievance has been withdrawn or is otherwise concluded.
6The Application shall be deferred pending the conclusion of the grievance proceeding. Therefore, the respondent need not file a Response at this time.
7The Tribunal directs the parties’ attention to Rule 14 of the Tribunal’s Rules of Procedure which sets out the procedure if a party wishes to proceed with an application that has been deferred pending the conclusion of another proceeding.
8I am not seized.
Dated at Toronto, this 5th day of January, 2016.
“Signed by”
Geneviève Debané
Vice-chair