Vince Panetta

The applicant filed a human rights application alleging discrimination and reprisal.

A concurrent Duty of Fair Representation (DFR) application was also filed containing similar allegations.

The Tribunal issued a Notice of Intent to Defer the human rights application pending the conclusion of the DFR proceeding.

The respondents supported the deferral, while the applicant opposed it.

The Tribunal found it appropriate to defer the application because of the overlap in facts and human rights issues, noting that the DFR outcome could be determinative.

The respondent requested that the human rights application be deferred because the facts and issues were part of an ongoing union grievance.

The Tribunal found that the issues raised in the grievance (denial of short-term disability payments) did not overlap with the allegations in the application (failure to accommodate, poisoned work environment, reprisal).

The request to defer was refused and the matter was directed to mediation.