HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Dayna Dombroskie
Applicant
-and-
Compass Group Canada Ltd.
Respondent
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Dombroskie v. Compass Group Canada Ltd.
WRITTEN SUBMISSIONS
Dayna Dombroskie, Applicant
Mark Repath, Counsel
Compass Group Canada Ltd., Respondent
Denise Baltazar, Representative
1The applicant filed this Application alleging discrimination in employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Specifically, the applicant alleged that the respondent failed to accommodate her in the workplace and terminated her employment.
2The respondent requested the early dismissal of the Application on the basis that another proceeding has appropriately dealt with the substance of the Application. The applicant’s union filed a grievance on her behalf after she advised it not to do so. The union subsequently withdrew the grievance.
decision
3Section 45.1 of the Code states:
45.1 The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.
4Given the fact that the grievance was withdrawn prior to any decision being rendered or any settlement between the union and the respondent being reached, in my view, there is and was no other proceeding that dealt with the substance of the Application.
order
5For these reasons, the respondent’s request to dismiss the Application under s. 45.1 is denied and the Tribunal will continue to process the Application.
6Since both parties agree to mediation, the Tribunal will schedule a mediation and advise the parties of the time, date, and location of the mediation by Notice of Mediation.
7I am not seized of this matter.
Dated at Toronto, this 9th day of November, 2017.
“Signed by”
Dawn J. Kershaw
Vice-chair