Michael Folino v. The Lakehead Motors Limited, 2010 HRTO 156

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Folino Applicant

-and-

The Lakehead Motors Limited Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty Date: January 27, 2010 Citation: 2010 HRTO 156 Indexed as: Folino v. Lakehead Motors

1This Application, filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), involves allegations of discrimination on the basis of sex, sexual solicitation, and sexual orientation in the context of employment.

2In the Response, the respondent seeks an early dismissal of the Application and argues that another grievance proceeding has appropriately dealt with the substance of the Application.

3The applicant has not filed a Reply and the time for doing so has elapsed.

4Section 45.1 of the Code states:

[1] The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

5. The parties agree that a grievance involving at least some of the issues raised in the Application was filed and subsequently resolved by way of a settlement agreement. I am satisfied that section 45.1 would apply with respect to the issues resolved through the grievance proceeding.

6. However, the applicant alleges that the harassment continued after the grievance settlement. At least some of the allegations in the Application relate to incidents that occurred after the settlement agreement.

7. While the respondent vigorously denies the allegations (and states that the settlement agreement contains a mechanism for dealing with any alleged ongoing harassment), it acknowledges that at least some of the allegations contained in the Application post-date the settlement agreement.

8. From the material before me I am unable to definitively ascertain which allegations post-date the settlement or were not issues in the grievance proceeding. The parties are directed to provide their written submissions on this point to each other and file them with the Tribunal within seven days of the date of this Interim Decision.

9. I am not seized of this matter.