Kelly M. McDermott

The applicant filed a human rights application alleging reprisal and discrimination in employment because of disability.

The applicant also filed a concurrent union grievance based on the same facts and requested that the Tribunal defer the application until the grievance process was completed.

The respondents agreed that deferral was appropriate.

The Tribunal deferred the application, noting that grievance arbitrators have the authority to decide human rights issues and that deferral avoids simultaneous proceedings and conflicting determinations.

The applicant filed an application alleging discrimination on the basis of disability and reprisal regarding his return to work.

The respondent employer filed a Request for an Order During Proceedings to defer the application pending the outcome of a concurrent union grievance filed on the applicant's behalf.

The Tribunal found substantial overlap between the facts and human rights issues in both proceedings.

Noting that grievance arbitrators have the authority to enforce human rights obligations, and absent any submissions opposing the request, the Tribunal deferred the application pending the completion of the grievance process.