HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jamila Skander
Applicant
-and-
Poly Nova Technologies Inc. and Roland Royea
Respondents
DECISION
Adjudicator: Alison Renton
Indexed as: Skander v. Poly Nova Technologies
APPEARANCES BY
Jamila Skander, Applicant ) No one appearing
Poly Nova Technologies Inc. ) Robert Dowhan, counsel and Roland Royea, Respondents )
Reasons for Decision
1This is an Application filed on August 5, 2009, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleges discrimination in employment on the grounds on sex, including sexual harassment, and sexual solicitation pertaining to her termination. The respondents filed a Response requesting that the Application be dismissed because the applicant signed a full and final release for which she received a termination severance package.
2A Case Assessment Direction was issued dated January 8, 2010, in which the Tribunal stated that it would schedule a hearing to address the release issue and whether the signing of the hearing would bar the applicant from proceeding with her Application.
3A hearing in this matter was scheduled for April 29, 2010.
4A Confirmation of Hearing Notice was sent to the parties on February 3, 2010. In it, the parties were advised that the hearing would commence at 9:30 a.m. on April 29, 2010 at 655 Bay Street, 14^th^ Floor, in Toronto. The Notice was sent to the applicant at the address provided on her Application and was not returned.
5At the time and place set for the commencement of the hearing, the respondents’ counsel and a representative from the corporate respondent were present. The applicant was not present.
6In accordance with the Tribunal’s normal practice, I advised those present that the hearing would commence at 10:00 a.m. At 10:05 a.m., the applicant was still not present and had not communicated with the Tribunal about her absence.
7There was no indication prior to the hearing that the applicant would not be attending the hearing. There is no indication that the applicant did not receive notice of the hearing. I am satisfied that the applicant received timely and proper notice of the hearing.
8In the absence of the applicant or any explanation for her failure to attend the hearing, the Application was dismissed at the hearing.
9The Application is dismissed.
Dated at Toronto, this 29^th^ day of April, 2010.
“Signed by”
Alison Renton
Vice-chair