Editor’s Note: Corrigendum released on January 30, 2009. Original judgment has been corrected with text of corrigendum appended.
HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kelly Ann Sinnett
Applicant
-and-
Orlick Industries Limited, David Braley and Rick Korpa
Respondents
INTERIM DECISION
Adjudicator: Michelle Flaherty
Indexed as: Sinnett v. Orlick Industries
INTRODUCTION
1This is an Application filed October 14, 2008 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The purpose of this Interim Decision is to consider the respondents’ requests for early dismissal of the Application based on minutes of settlement and a release agreement entered into by the parties.
2In this Application, the applicant alleges discrimination in employment on the basis of sex. More specifically, she alleges that she was sexually harassed in the workplace by the personal respondents.
3No legal proceeding was initiated by the applicant prior to the filing of this Application. However, the applicant and the corporate respondent had communications regarding a potential law suit. In the course of discussions, the applicant sent a statement of claim (which had not been issued by the courts) to the corporate respondent.
4The applicant acknowledges that she entered into a settlement agreement and release with the corporate respondent regarding the cessation of her employment. The applicant states that the corporate respondent compelled her to sign these documents and that she did so without the benefit of counsel and without sufficient time to consider the matter.
5The respondents state that the settlement agreement and release deal with the issues raised in this Application and fully release the respondents from all causes of action, including complaints under the Code. They state that the applicant entered into the settlement voluntarily and that, although she chose not to be represented at the time she signed the agreement, she did have counsel in the months leading up to the cessation of her employment.
6The respondents ask for early dismissal of this Application without being required to file a full Response on the basis of the agreement and the release signed by the applicant.
DECISION
7In the circumstances, it is appropriate to determine the respondents’ request for an early dismissal of the Application as a preliminary matter.
8Section 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 hearing to address the following issue:
Should the Application against the respondents be dismissed as a result of the settlement agreement and the release signed by the applicant on October 12, 2007?
9The following directions shall apply to the hearing:
(a) The applicant should be prepared to proceed first at the hearing, by responding to the written arguments of the respondents and the question set out in paragraph 9 above.
(b) Any party wishing to rely on written materials not already filed with the Tribunal or any facts not contained in the Application or Responses must deliver such documents or information to the other parties and file them with the Registrar within 21 days of the date of this Interim Decision.
(c) No further steps need be taken by any party prior to the hearing of the preliminary issue, with the exception that the applicant may file a Reply within the deadline set out in the Rules.
10I am not seized of this matter.
Dated at Toronto, this 27th day of January, 2009.
“Signed By”
Michelle Flaherty
Vice-Chair
January 30, 2009
Kelly Ann Sinnett v. Orlick Industries Limited, David Braley and Rick Korpa
HRTO File Number : 2008-00535-I
RE : Amended Notice for Interim Decision dated January 27, 2009
The Interim Decision Dated January 27, 2008 citation number 2009 HRTO 55, contains a typograpical error on the cover page and the signature line. On the cover page the error reads Date: January 27, 2008, It should be amended to read, Date : January 27, 2009. On the Signature page it reads Dated at Toronto, this 27th day of January, 2008. It should read, Dated at Toronto, this 27th day of January, 2009.