Adam Hinchliffe v. Sun Chemical Limited, 2010 HRTO 1440

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Adam Hinchliffe

Applicant

-and-

Sun Chemical Limited

Respondent

interim DECISION

Adjudicator: Michelle Flaherty

Date: June 30, 2010

Citation: 2010 HRTO 1440

Indexed as: Hinchliffe v. Sun Chemical

1This Application, filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), raises allegations that the respondent discriminated against the applicant on the basis of disability in the context of employment.

2The respondent argues that the Application should be dismissed because the applicant has signed a full and final release, which addresses the subject matter of the Application.

3The Tribunal scheduled an oral hearing by telephone conference for June 21, 2010 to address this issue. The applicant failed to attend the telephone conference hearing on June 21, 2010. On June 28, 2010, he wrote to the respondent and the Tribunal to advise that, although he attempted to connect to the telephone conference hearing, he was unable to do so.

4In the circumstances, the Tribunal will schedule a second telephone conference hearing to address the respondent’s request for a dismissal of the Application on the basis that the applicant signed a full and final release.

5In the event that applicant has difficulty accessing the telephone conference hearing, he is directed to communicate immediately with the Tribunal, through the Registrar or the case processing officer. If the applicant fails to attend the hearing or to contact the Tribunal within thirty minutes of the beginning of the hearing, the Application may be dismissed as abandoned.

6I am not seized of this matter.