HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Alyssa Foran
Applicant
-and-
Laurier Optical
Respondent
INTERIM DECISION
Adjudicator: Michelle Flaherty
Indexed as: Foran v. Laurier Optical
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination on the basis of sex and record of offences in employment. In essence, the applicant states that her pregnancy and the medical appointments she attended because of her pregnancy were factors in the respondent’s decision to terminate her employment.
2The respondent denies the allegations of discrimination and requests the early dismissal of the Application because its substance has, in whole or in part, been appropriately dealt with in another proceeding (the “Request”).
3The respondent has filed a decision dated February 10, 2011 and made pursuant to the Employment Standards Act, 2000 (“ESA”). In that decision, an employment standards officer rejected the applicant’s argument that her employment was terminated because she was pregnant and eligible to take a pregnancy leave under the ESA. The officer concluded that the applicant had resigned from her job.
4The applicant has not filed a Reply and the time for doing so under the Tribunal’s Rules of Procedure has elapsed.
NEXT STEPS
5Section 45.1 of the Code states:
The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.
6Section 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.
7Accordingly, within ten days of the date of this Interim Decision, the applicant must communicate in writing with the Registrar and the respondent and advise whether:
a. she wishes to make oral submissions on the respondent’s Request for early dismissal;
b. she wishes to make additional written submissions on the respondent’s Request for early dismissal; or
c. the respondent’s Request for early dismissal ought to be determined based on the materials already filed.
8If the applicant fails to communicate with the Tribunal within this timeframe, the Application may be dismissed as abandoned.
9If the applicant indicates that she wishes to make oral submissions, the Registrar will schedule a two-hour telephone conference and both parties will have an opportunity to make oral submissions. The following directions will apply to the hearing:
a. The hearing will address only the question of dismissal pursuant to section 45.1 of the Code;
b. The respondent should be prepared to proceed first at the hearing; and
c. Any party wishing to rely on written materials not already filed with the Tribunal or any facts not contained in the Applications or Responses must deliver such documents or information to the other parties and file them with the Registrar within 21 days of the date of this Interim Decision.
10If, instead of a hearing, the applicant elects to make further written submissions on the respondent’s Request for early dismissal, the following directions apply:
a. within ten days of the date of this Interim Decision, she must file written submissions with the Tribunal and provide a copy to the respondent; and
b. within fifteen days of the date of this Interim Decision, the respondent may reply to the applicant’s submissions by filing a copy of its reply submissions with the Tribunal and providing a copy to the applicant.
11I am not seized of this matter.
Dated in Toronto, this 14th day of June, 2011.
”signed by”_________
Michelle Flaherty
Vice-Chair