HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Mary Lou Lambert
Applicant
-and-
Niagara Recycling
Respondent
INTERIM DECISION
Adjudicator: Michelle Flaherty
Indexed as: Lambert v. Niagara Recycling
1The applicant filed an Application with the Tribunal alleging discrimination on the basis of disability in the context of employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2On December 7, 2009, the Tribunal administratively issued a Notice of Incomplete Application advising the applicant that the Application is incomplete and cannot be processed by the Tribunal.
3Question 8 of the Application requires the applicant to set out the facts in support of the Application. In response to that question, the applicant wrote:
The Respondent unilaterally withdrew from providing the Complainant with an accommodated position and provide her with the necessary tools for her to function in the work environment and interact like the other staff members.
4In my view, these facts are not sufficient to allow for the fair, just, and expeditious determination of the merits of the Application. Specifically, they do not provide details necessary for the respondent to respond to the allegations.
5Within ten days of the date of this Interim Decision, the applicant is directed to set out in detail the facts which support the Application. In particular, the applicant should advise:
a. what accommodation measures she feels are necessary but were withdrawn or not provided by the respondent; and
b. why she feels she cannot function in the workplace and interact like other staff members.
6The applicant's failure to provide additional facts as directed may result in the dismissal of the Application.
7I am not seized of this matter.
Dated at Toronto, this 26th day of January, 2010.
"Signed by"
Michelle Flaherty
Vice-chair