Jelena Holland v. Her Majesty the Queen in Right of Ontario as Represented by the Ministry of the Attorney General, Sandra Van Zyl, Amanda Boutros, and Danielled Dell’Elce, 2017 HRTO 1514

Human Rights Tribunal of Ontario

B E T W E E N:

Jelena Holland Applicant

-and-

Her Majesty the Queen in Right of Ontario as Represented by the Ministry of the Attorney General, Sandra Van Zyl, Amanda Boutros, and Danielled Dell’Elce Respondents

INTERIM DECISION

Adjudicator: Brian Cook Date: November 17, 2017 Citation: 2017 HRTO 1514 Indexed as: Holland v. Ontario (Attorney General)

1This Application alleges reprisal and discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The respondents submit that the Application should be deferred because there are grievances underway that are related to the allegations described in the Application. The applicant was invited to make submissions on deferral but did not do so.

3The Tribunal has generally deferred applications where there is an ongoing grievance under a collective agreement based on the same facts and human rights issues. Where the parties are already engaged in a concurrent legal proceeding in which they are raising the same human rights issues before a decision-making body with the authority to make determinations about those issues, the orderly administration of justice favours deferral to the other proceeding.

4In this case, it is apparent that there is substantial overlap between the facts and human rights issues covered by the Application and those referred to in the grievance and that the Application should be deferred until the grievance process is concluded. If the applicant believes, on conclusion of the process, that her human rights issues have not been adequately addressed, she may ask to have this Application brought back on before the Tribunal.

5The Application will therefore be deferred pending the completion of the grievance process.

6The 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.