Ilias Alexandris v. Coca Cola Bottling Company, 2009 HRTO 56

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ilias Alexandris

Applicant

-and-

Coca Cola Bottling Company

Respondent

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: January 16, 2009

Citation: 2009 HRTO 56

Indexed as: Alexandris v. Coca Cola Bottling Company

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 October 17, 2008. He filed additional information on November 3, 2008. On November 21, 2008, the Tribunal issued a Notice of Application and delivered the Application to the respondent by regular mail at the address provided by the applicant. The Notice directed the respondent to file a Response with the Tribunal no later than thirty-five (35) days from the date of the Notice. The Tribunal also delivered the Application to the applicant’s bargaining representative, CAW TCA Canada Local 973, which is named as an affected party in the Application. Rule 1.22 of the Tribunal’s Rules of Procedure confirms that a document delivered by mail is deemed received five days after the postmark date.

NO RESPONSE

2It is now more than 14 days after the date for filing the Response. The respondent neither requested nor received an extension of time, and has still not filed its Response or otherwise communicated with the Tribunal. The Tribunal’s Notice has not been returned.

3A Tribunal application is a legal proceeding. If a violation of the Code is found, the Tribunal may order a respondent to make monetary compensation or other forms of restitution to the applicant and to take steps to future promote compliance with the Code. Failure to file a Response may lead to orders against a respondent without their participation. The respondent’s attention is drawn to Rule 5.5 of the Tribunal’s Rules, which reads as follows:

Where an Application is delivered to a Respondent who does not respond to the Application, the Tribunal may:

a) deem the Respondent to have accepted all of the allegations in the Application;

b) proceed to deal with the Application without further notice to the Respondent;

c) deem the Respondent to have waived all rights with respect to further notice or participation in the proceeding;

d) decide the matter based only on the material before the Tribunal.

4The applicant has provided an address and a fax number for the respondent. The Tribunal shall send a copy of this Interim Decision to the respondent by regular mail, courier and fax.

5If the respondent wishes to participate in this proceeding, a Response must be filed by January 22, 2009, together with an explanation why it was not filed in accordance with the deadline contained in the Notice of Application. If the Response is not received by this date, the Tribunal shall proceed without further notice to the respondent, and may take any or all of the other steps set out in Rule 5.5.

6I am not seized of this matter.