Ashok Kumar v. Unilever Canada Inc., 2010 HRTO 443

Human Rights Tribunal of Ontario

Between:

Ashok Kumar Applicant

-and-

Unilever Canada Inc. Respondent

Interim Decision

Adjudicator: Alan Whyte Date: February 25, 2010 Citation: 2010 HRTO 443 Indexed as: Kumar v. Unilever

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), which alleges discrimination in employment on the basis of ethnic origin and creed, as well as reprisal.

2The applicant identifies in his Application July 16, 2008 as being the date of the last event. The Application was filed with the Tribunal on December 16, 2009.

3The Registrar forwarded a Notice of Intent to Dismiss to the applicant on February 3, 2010, which indicated that the Application appears to be outside the Tribunal's jurisdiction because it was filed more than one year after the last incident of discrimination. The applicant was requested to file written submissions relating to this issue. The submissions have now been received.

4The applicant’s submissions make reference to his union, Teamsters Union, Local 647 (“the union”), a grievance, and the fact that he is waiting for the third stage result. It is not clear what grievance has been filed by the applicant and what effect, if any, the status of that grievance may have on the delay issue.

5In the circumstances, the Application, this Interim Decision and the applicant’s submissions will be served on the respondent and the union. Neither the respondent or the union are required to file a Response in Form 2, however, they are required to deliver submissions on the delay issue to the other parties and to file the submissions with the Tribunal no later than 21 days from the date of the Registrar's letter enclosing the above mentioned materials.

6The applicant may deliver a written reply to these submissions to the other parties and filing them with the Tribunal within 30 days of the date of the Registrar’s letter.

7The Tribunal may determine the issue of delay based on the written submissions or may issue further case management directions. I am not seized.