Jo-Ann Covacha v. Fenworth Dental, 2010 HRTO 1706

Human Rights Tribunal of Ontario

B E T W E E N:

Jo-Ann Covacha

Applicant

-and-

Fenworth Dental and Dr. R. Diwan Dentistry Professional Corporation o/a Fenworth Dental

Respondents

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: August 17, 2010

Citation: 2010 HRTO 1706

Indexed as: Covacha v. Fenworth Dental

1The respondents filed a Request for Order during Proceedings (“the Request”) seeking to have this Application dismissed on the basis that the applicant named the wrong corporation as respondent to the Application.

2The Tribunal has considered the respondent’s Request as well as the applicant’s June 23, 2010 written submissions which were filed pursuant to the Tribunal’s earlier Interim Decision in this matter: 2010 HRTO 1379.

3The respondent’s Request is denied.

4The dental practice where the applicant worked as a hygienist was sold to the respondent(s) while she was on maternity leave. The applicant alleges that her employment with the dental practice was to have continued with the new owners, the respondents. She alleges that the respondents decided not to employ the applicant after they purchased the dental practice because of the applicant’s maternity leave.

5The applicant thus appears to be alleging that the respondents themselves discriminated against her on the basis of sex “in respect of employment” by refusing to employ her because of her maternity leave.

6The respondents are directed to file their Responses to the Application within 21 days of the date of this Interim Decision. The “Respondent’s Guide” to Applications under the Code and the form for filing a “Response to an Application under section 34 of the Code” are available on the Tribunal’s website, www.hrto.ca, under “New” Applications.

7I am not seized.