Tamara Kennedy v. Appliance Canada, Division of Leon’s Furniture and Linton Campbell, 2010 HRTO 1231

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tamara Kennedy Applicant

-and-

Appliance Canada, Division of Leon’s Furniture and Linton Campbell Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty Date: June 1, 2010 Citation: 2010 HRTO 1231 Indexed as: Kennedy v. Appliance Canada

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) in which she alleges discrimination on the basis of sex (sexual solicitation) in the context of employment.

2In essence, the applicant alleges that during her employment she was sexually harassed by the personal respondent, who was her supervisor. She states that her employment was terminated when she rejected his advances.

3The respondents have filed a Response in which they deny the allegations of discrimination and request an early dismissal of the Application. The respondents state that the applicant has signed a full and final release with respect to the same matter. The respondents have provided a copy of a release executed by the applicant on December 4, 2008.

4The applicant objects to the early dismissal of her Application. She states that the matter should be addressed by the Tribunal and, as I understand it, she challenges the validity and effect of the release.

5In the circumstances, it is appropriate to determine the respondents’ request for an early dismissal of the Application as a preliminary matter.

6Section 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 telephone conference call hearing to address whether the Application should be dismissed as a result of the settlement agreement and the release signed by the applicant on December 4, 2008.

7The 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 6 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.

8I am not seized of this matter.