Jennifer Griffith-Woodhall v. Waste Management Corporation, 2017 HRTO 1264

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jennifer Griffith-Woodhall

Applicant

-and-

Waste Management Corporation

Respondent

INTERIM DECISION

Adjudicator: Mary Truemner

Date: September 26, 2017

Citation: 2017 HRTO 1264

Indexed as: Griffith-Woodhall v. Waste Management Corporation

1The applicant filed an Application alleging that the respondent discriminated against her contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (“Code”). The Tribunal deferred the Application pursuant to Rule 14 of the HRTO’s Rules of Procedure, pending the completion of an ongoing proceeding before the Ontario Superior Court of Justice regarding short term and long term disability benefits, a deferral proposed by the applicant to which the respondent consented.

2On August 28, 2017, the applicant requested that the Tribunal re-activate her deferred Application, for the following reasons:

As the Applicant understands it, the position of Waste Management is that it is necessary to deal with the employment/human rights issues at the same time as the short term disability benefits issue as there is an interplay between the two. The Applicant agrees that this is the appropriate way to address these issues.

Since the parties have been unable to resolve the issues between them, it will be necessary to proceed with a Hearing before the Human Rights Tribunal.

The parties are unable to move forward until the Human Rights/employment issued have been dealt with as the short term disability and human rights/employment issues are interrelated.

3The respondent is not opposed to the applicant’s request to reactivate. However, it does not appear that the matter before the Ontario Superior Court of Justice has concluded.

decision

4The request to reactivate the Application is denied because the court matter for which the Tribunal deferred the Application has not completed.

5The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the procedure by which the Application may be brought back on after the conclusion of the grievance process. The applicant’s request for production will be addressed only if the Application is reactivated, and, once activated, only if the Application is not resolved following an opportunity to participate in mediation.

6I am not seized of this matter.