Gail E. Misra

The applicant filed a human rights application against her employer and two individuals.

The Tribunal issued a Notice of Intent to Defer the application pending the outcome of an ongoing workplace grievance-arbitration process dealing with the same issues.

The applicant opposed deferral, arguing that the grievance process was too lengthy and offered inferior remedies.

The Tribunal deferred the application, noting that grievance arbitrators have the power and responsibility to enforce human rights obligations, and that deferral avoids adjudicative duplication.

The respondents requested that the applicant's human rights application be deferred pending the outcome of an ongoing union grievance proceeding.

The Tribunal found that the grievance was not proceeding concurrently due to procedural irregularities and the applicant's absence from work.

Concluding that deferral was not the most fair, just, and expeditious way to proceed, the Tribunal dismissed the respondents' request to defer the application.