Jeanne Marie Bielman v. Casino Niagara/Complex Services Inc., 2008 HRTO 378

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jeanne Marie Bielman

Applicant

-and-

Casino Niagara/Complex Services Inc.

Respondent

INTERIM DECISION

Adjudicator: Leslie Reaume

Date: December 9, 2008

Citation: 2008 HRTO 378

Indexed as: Bielman v. Casino Niagara

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) on October 19, 2008, alleging discrimination in employment. The respondent is the applicant’s former employer.

2The respondent states that the applicant opted to participate in a voluntary resignation program offered to permanent full-time employees. The respondent states that the applicant received compensation and extended health care benefits and that she signed a full and final release which includes claims arising under the Code. The respondent asks for early dismissal of this Application without a full Response on the basis of the release and has provided written submissions in support of that request.

3In the circumstances, it is appropriate to determine issue of the release as a preliminary matter.

4Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application without affording the parties a chance to make oral submissions. Accordingly, the Registrar will schedule a half-day hearing to consider whether the Application should be dismissed as a result of the release signed by the applicant dated May 27, 2008. If the parties consent, this issue may be decided on the basis of written submissions or by way of a teleconference. The parties must advise the Registrar of their consent as soon as possible.

5The respondent shall deliver and file any further material it wishes to rely on at the hearing of this preliminary matter within 10 days of the date of this decision.

6The applicant shall deliver and file any further material she wishes to rely on at the hearing of this preliminary matter within 20 days of the date of this decision.

7The respondent may, if necessary, deliver and file a reply to the applicant’s materials within 25 days of the date of this decision.

8I am not seized of this matter.