Alwazani v. Robert Half International, 2009 HRTO 1369

Human Rights Tribunal of Ontario

B E T W E E N:

Sandra Alwazani

Applicant

-and-

Robert Half International Inc., Robert Half Canada Inc., and Katy Bourquin

Respondents

INTERIM DECISION

Adjudicator: Ena Chadha

Date: September 1, 2009

Citation: 2009 HRTO 1369

Indexed as: Alwanzi v. Robert Half International

1The applicant filed an Application with the Tribunal on June 12, 2009 alleging discrimination in employment on the basis of ancestry, place of origin, ethnic origin and sex contrary to the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code").

2The respondents filed a Request for Order During Proceedings on July 21, 2009. The respondents request early dismissal of the Application on the basis that the applicant signed a full and final release with respect to the same matters raised in the Application. The respondents allege that the applicant has fully and finally released the respondents from any claims under the Code as part of a settlement she entered into with the respondent following the termination of her employment. The respondents have provided written submissions in support of their Request and a copy of a Full and Final Release signed by the applicant on December 2, 2008 ("the Release"). The respondents request that this matter be dealt with by way of an in-person hearing.

3The respondents also request that the Tribunal remove the respondents Robert Half International Inc. ("RHI") and Katy Bourquin from the Application. The respondents submit that RHI was not the applicant's employer and, since it does not carry on business in Ontario, it cannot be liable to her for any alleged discrimination in her employment. The respondents submit that the applicant has not stated the basis for any claim against Katy Bourquin.

4The applicant filed a Response to the Request for Order During Proceedings. The applicant acknowledges that she signed the Release with respect to the subject-matter of the Application, however she submits that the Release does not provide any consideration or compensation for giving up her rights under the Code and that she signed the Release under emotional and economic duress. The applicant argues the Tribunal ought to allow the Application to proceed in these circumstances.

5With respect to the request to remove RHI and Katy Bourquin, the applicant submits that RHI failed to conduct an appropriate investigation into her employment concerns and RHI made the decision to terminate her employment. The applicant submits that RHI conducts it business through its subsidiary corporation within the jurisdiction of Ontario. The applicant did not make submissions with respect to Katy Bourquin.

6It is appropriate for the Tribunal to determine the Requests as a preliminary matter. Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application within its jurisdiction without affording the parties a chance to make oral submissions. Accordingly, the Registrar will schedule a one-day hearing to consider: 1.) whether the Application should be dismissed on the basis of the Release and 2.) whether the respondents RHI and Katy Bourquin should be removed from the Application.

7If either party intends to rely upon any documents, submissions or legal authorities not included in the Tribunal's file, it shall deliver such materials to the other party and file them with the Tribunal no later than 14 days before the scheduled hearing. If either party intends to call any witnesses regarding these issues, it shall deliver to the other parties and file with the Tribunal a letter setting out the name of the witness and a summary of the witness's intended evidence by the same deadline.

8I am not seized of this matter.