Najah Al-moghrabi v. Grafton-Fraser Inc. and Daniel Ismail, 2009 HRTO 1399

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Najah Al-moghrabi

Applicant

-and-

Grafton-Fraser Inc. and Daniel Ismail

Respondents

interiM DECISION

Adjudicator: Alison Renton

Date: September 2, 2009

Citation: 2009 HRTO 1399

Indexed as: Al-moghrabi v. Grafton-Fraser

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) on June 29, 2009, alleging discrimination in employment on the grounds of sex, sexual solicitation or advances and age.

2The applicant identified the corporate respondent as Tip Top Tailors. The corporate respondent has identified that it is Grafton-Fraser Inc., which operates under the business name Tip Top Tailors. The style of cause will be amended to reflect the proper name of the corporate respondent.

3On May 25, 2009, the Tribunal issued a Notice of Application to the respondents. The respondents were advised that a Response must be filed with the Tribunal not later than 35 days after May 25, 2009. As of the date of this Interim Decision, the personal respondent has not filed a Response, nor has the Tribunal’s correspondence been returned.

4I am not confident that the personal respondent has received the Application. The applicant has provided several addresses for the personal respondent who was her store manager. On her Application she provided the address of the store at which she worked as the address for the personal respondent. Subsequent to filing her Application, she requested that the Tribunal send its correspondence to the personal respondent at the corporate respondent’s head office. The corporate respondent has indicated in its pleadings that the personal respondent resigned from his employment in May 2008 and his current contact information is not known to the corporate respondent. However, the corporate respondent does not suggest that it did not have the personal respondent’s contact information at least as of May 2008.

5Rule 1.7(p) of the Tribunal’s Rules allows the Tribunal to require a party to produce any information as is reasonably necessary in order to provide for the fair, just and expeditious resolution of a matter before it. The personal respondent used to be employed by the corporate respondent. In order to enable the Application to be sent to the personal respondent, the Tribunal orders the corporate respondent to review its records and produce the personal respondent’s last known address to the Tribunal by September 9, 2009. Upon receipt of that address, the Tribunal will resend the Application, as well as a copy of the corporate respondent’s Response, to the personal respondent.

6In the meantime, the applicant and the corporate respondent have indicated that they are agreeable to mediation. Accordingly, the Tribunal will schedule a mediation date and will send a copy of the Notice of Mediation to the personal respondent as well.

7I am not seized of this matter.