Anamguya v. Intercon Security, 2009 HRTO 1302

Human Rights Tribunal of Ontario

B E T W E E N:

David Anamguya Applicant

-and-

Intercon Security, Blair Mitchell and Nicole Lentinello Respondents

DECISION

Adjudicator: Judith Keene Date: August 24, 2009 Citation: 2009 HRTO 1302 Indexed as: Anamguya v. Intercon Security

Reasons for Decision

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 November 7, 2008. The Application alleges discrimination in employment.

2The respondents filed a Response on March 13, 2009, and the matter was scheduled for a hearing on October 5 and 6, 2009. On June 25, 2009, the respondents served and filed a Request for Order during Proceedings on the basis that the applicant had signed a release on April 2, 2009. Along with their Request, the respondents provided a copy of the signed release and accompanying correspondence setting out the terms and conditions of the applicant’s employment termination.

3On August 5, 2009, the Tribunal issued an Interim Decision, 2009 HRTO 1148, in which it directed the applicant to write to the Tribunal on or before August 6, 2009 to advise whether he intended to pursue this Application, and if so, why, in his submission, the release did not bar the Application. The applicant was informed that, on receipt of the applicant’s submissions, the Tribunal would schedule an opportunity for the parties to make oral submissions, unless the applicant were to state in his letter that he wished the matter dealt with only in writing.

4The applicant was also informed that if he made no submissions by August 6, 2009, the Application might be dismissed as abandoned.

5The Tribunal has not heard from the applicant as of this date. Given these circumstances the Tribunal dismisses the Application as having been abandoned, pursuant to Rule 5.4 of the Tribunal’s Rules of Procedure.