Paris Odede v. Sanmina-SCI Systems Corporation, 2010 HRTO 291

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Paris Odede

Applicant

-and-

Sanmina-SCI Systems Corporation

Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: February 9, 2010

Citation: 2010 HRTO 291

Indexed as: Odede v. Sanmina-SCI Systems

1This Application was filed December 18, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). A Case Resolution Conference ("hearing") is scheduled for February 16, 2010.

2On February 4, 2010, the Tribunal issued an Interim Decision 2010 HRTO 259, advising that the respondent has not filed a Response (Form B), a statement of additional facts or response to remedy, a list of witnesses or will say statements.

3The respondent was directed to advise the Tribunal within five days of the following information:

• The status of the Scarborough office (i.e., is it still operating?);
• Whether the respondent intends to participate in these proceedings;
• Why no Response or other documents have been filed.

4The respondent has since retained counsel and responded on February 8, 2010 with the following information. The Scarborough plant where the applicant was employed was shut down effective July 2009. The respondent explains that the failure to respond to the Tribunals' correspondence from June 2009 onwards was due to inadvertence, as the correspondence was not sent to the Director of Compliance Management until the Interim Decision was issued.

5The respondent seeks an adjournment to the Case Resolution Conference scheduled for February 16, 2010 and an opportunity to file the Response, documents to be relied upon, a statement of additional facts and response to remedy, and witness lists and will says.

6The Tribunal finds that it would not be fair, just or expeditious to proceed with the Case Resolution Conference on February 16, 2010 in these circumstances.

7In these circumstances, the hearing scheduled for February 16, 2010 is adjourned. The respondent is directed to file the following within 30 days of the date of this Interim Decision: a Response (Form B) together with the original response to the Ontario Human Rights complaint, a statement of additional facts and response to remedy, all arguably relevant documents, a list of witnesses and will says.

8The Registrar-Transition will contact the parties to reschedule a one day case resolution conference during the month of April 2010. The respondent is expected to make itself reasonably available during that month.