Karen Kelley-Alhwatat v. Johnson Controls Interior Manufacturing ULC, 2010 HRTO 2264

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karen Kelley-Alhwatat

Applicant

-and-

Johnson Controls Interior Manufacturing ULC, Ativ Shah, Christl Hutahajan and Hirin Shah

Respondents

DECISION

Adjudicator: Kathleen Martin

Date: November 15, 2010

Citation: 2010 HRTO 2264

Indexed as: Kelley-Alhwatat v. Johnson Controls Interior Manufacturing

1This is an Application filed on December 1, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”).

2On March 4, 2009, the Tribunal issued a Notice of Mediation to all parties indicating the scheduling of a mediation for April 2, 2009. The applicant did not attend the mediation, although she subsequently advised the Tribunal that she had been unable to attend because she was sick.

3On August 23, 2010, the Tribunal issued an Amended Rescheduled Notice of Mediation to the parties indicating the rescheduling of a mediation for 9:30 a.m. on September 20, 2010. The applicant advised the Tribunal at 7:58 a.m. on the day of mediation that she was unable to make it to the mediation because she was having “transportation difficulties”.

4On September 23, 2010, the respondents requested that the Application be dismissed, or in the alternative, deemed abandoned having regard to the applicant’s failure to attend both mediations as well as proving advance notice of her intention to not appear.

5On October 6, 2010, the Tribunal wrote the parties indicating that the failure of a party to attend a mediation is not grounds for dismissal or abandonment as mediation is voluntary. However, the Tribunal further stated:

…in light of the Applicant’s failure to attend both scheduled mediations, the HRTO requests that the Applicant confirm her intentions in writing regarding proceeding with this Application no later than October 18, 2010.

If the Applicant fails to respond to the HRTO’s request, the HRTO may consider the Applicant’s failure to respond as an abandonment of the Application and dismiss the Application for that reason.

6The applicant has not responded to the Tribunal’s letter and the time for responding has elapsed.

7Having regard to the foregoing and the absence of any communication from the applicant about her intentions, I find that the applicant has abandoned her Application. The Application is therefore dismissed.