Abihsira v. Arvin Automotive of Canada Ltd. (No. 2)
Ontario Board of Inquiry
CHRR Doc. 81-038
Mr. Samy Abihsira Complainant
v.
Arvin Automotive of Canada Ltd. and Sid Markham Respondents
Hearing Date: March 19, 1981 Date of Decision: March 24, 1981 Place: Toronto, Ontario
Before: Ontario Board of Inquiry, lan A. Hunter
Appearances by: Mr. Tom Lederer, Counsel to the Ontario Human Rights Commission and Mr. Samy Abihsira, in person Mr. W. Phelps, Counsel to Arvin Automotive and Sid Markham
SETTLEMENT — settlement agreement confirmed by board/tribunal
Summary: The board of inquiry confirms an agreement made between the Complainant and his employer. The settlement includes payment of $5,000.00 to the Complainant, without admission of any liability by the Company.
(Ed. Note: See also (No. 1) (1981), 1980 CanLII 3930 (ON HRT), 2 C.H.R.R. D/271 (Ont. Bd.Inq.).)
DECISION
1On June 13, 1980 I was appointed by the Honourable Robert Elgie, Minister of Labour, as a Board of Inquiry pursuant to the Ontario Human Rights Code to hear and decide a complaint made by Mr. Samy Abihsira alleging discrimination in employment by Arvin Automotive and Mr. Sid Markham contrary to section 4(1)(b) and (g) of the Ontario Human Rights Code. The Board of Inquiry first convened in Toronto, Ontario on October 14, 1980. My appointment and the signed complaint of Mr. Abihsira were filed as exhibits at the outset of the hearing.
2At this hearing, Mr. Phelps indicated a preliminary objection to the jurisdiction of the Board of Inquiry proceeding to hear the merits of the complaint, and argument on that occasion was devoted to that issue.
3On December 8, 1980 I issued a Decision rejecting the preliminary objections to the jurisdiction of the Board of Inquiry. The Board of Inquiry was scheduled to reconvene to hear the merits of this case on March 19, 1981.
4On that date, the Board of Inquiry convened in Toronto, Ontario. At the outset of the hearing, Mr. Lederer, counsel to the Ontario Human Rights Commission, indicated to the Board that he and Mr. Phelps and Mr. Abihsira had met together and resolved all their outstanding differences. The settlement which has been agreed to by all parties, without admission of liability, is in three parts:
(1) Arvin Automotive will write a letter of regret to Mr. Abihsira; this letter to be signed by Mr. Sid Markham.
(2) Arvin Automotive will permit a reasonable number of standard Ontario Human Rights Code cards to be posted at the business premises.
(3) Without admission of any liability, the Company will pay Mr. Abihsira the sum of $5,000.
5Mr. Abihsira advised the Board that he had consulted independent counsel and concurred in the settlement in satisfaction of all claims he might have arising under the Ontario Human Rights Code in connection with this incident.
6As I indicated orally at the hearing, I believe that the thrust of Ontario's Human Rights legislation is conciliatory; indeed section 14(1) of the Code imposes a statutory duty upon the Commission to "... endeavour to effect a settlement of the matter complained of."
7In this case, all parties have indicated their agreement with the Terms of Settlement and I am satisfied that the public interest, no less than the private interests of the party, is adequately addressed by this settlement.