HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mehnaz Aydemir

Applicant

-and-

EurOptimum Display Inc.

Respondent

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: February 5, 2010

Citation: 2010 HRTO 275

Indexed as: Aydemir v. EurOptimum Display

[[1]] This Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), alleges that the respondent discriminated against the applicant on the basis of prohibited grounds under the Code. Among other things, the applicant alleges that the respondent terminated her employment on the basis of pregnancy. The respondent contends that it terminated the applicant’s employment during her probationary period for reasons related to her work performance.

[[2]] The respondent has sought the early dismissal of the Application without a full Response on the basis that the applicant fully and finally released the respondent from any claims in relation to her employment with the respondent, including claims under the Code. The respondents have provided written submissions in support of their request and a copy of a Full and Final Release purporting to be signed by the applicant. (“the Release”).

[[3]] The applicant acknowledges that she signed the Release. However, she contends that although she understood her rights at the time she signed the Release, she did not understand the consequences of not signing the Release. She also contends that she did not receive all of the monies owing to her in exchange for signing the Release.

[[4]] It is appropriate for the Tribunal to determine as a preliminary matter whether to dismiss the Application on the basis of the Release signed by the applicant. Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application within its jurisdiction without affording the parties a chance to make oral submissions.

[5] Accordingly, the Registrar will schedule a half-day hearing to consider whether the Application should be dismissed on the basis of the Release.