Gerri Hynes v. The CUMIS Group Limited, 2009 HRTO 1076

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gerri Hynes

Applicant

-and-

The CUMIS Group Limited

Respondent

INTERIM DECISION

Adjudicator: Ena Chadha

Date: July 20, 2009

Citation: 2009 HRTO 1076

Indexed as: Hynes v. CUMIS Group

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 May 11, 2009, alleging discrimination in employment on the basis of disability.

2The applicant identified her former employer, CUMIS Life Co., as the sole respondent. In its Response, the respondent employer advises that it was incorrectly named and its proper name is “The CUMIS Group Limited”. The style of cause is amended to reflect the correct name of the respondent.

3The respondent did not file a full Response to the Application. Rather, the respondent requested the Application be dismissed on an early basis because of a full and final release signed by the applicant on April 2, 2009. Along with its Request, the respondent provided a copy of the signed release and accompanying correspondence setting out the terms and conditions of the applicant’s employment termination.

4On June 16, 2009, the Tribunal issued a Notice of Request to Dismiss to the parties noting that the basis of the respondent’s Request was its allegation that the applicant signed a full and final release with respect to the same matter. The Tribunal notified the applicant that, within two weeks, she could respond to the Request for Early Dismissal by delivering and filing a Form 11 responding to the allegations of a full and final release. The applicant has not done so.

5The Tribunal orders that on or before August 4, 2009, the applicant shall write to the Tribunal, with a copy to the respondent, advising whether she intends to pursue this Application. If she does wish to pursue the Application, she must state in her letter why, in her submission, the release does not bar the Application. Following receipt of her written submissions, the Tribunal will schedule an opportunity for the parties to make oral submissions, unless the applicant states in her letter that she wishes the matter dealt with only in writing.

6If the applicant makes no submissions by August 4, 2009, the Application may be dismissed as abandoned.

7I am not seized of this matter.