Alan Sarjeant v. 1425841 Ontario Ltd. o/a Hamilton Strip, 2011 HRTO 122

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alan Sarjeant

-and-

1425841 Ontario Ltd. o/a Hamilton Strip, Carlo D’Amatao, Tommy Kovachis, Billy Lee, Frank Takass and Catherine Fereyra

Respondents

DECISION

Adjudicator: Kaye Joachim

Date: January 18, 2011

Citation: 2011 HRTO 122

Indexed as: Sargeant v. 1425841 Ontario

APPEARANCES

Alan Sarjeant, Applicant ) No one appearing

1425841 Ontario Ltd. o/a Hamilton Strip, )

Carlo D’Amatao, Tommy Kovachis, ) Stephen A. McArthur, Counsel

Billy Lee, Frank Takass )

and Catherine Fereyra, Respondents )

1This Application was filed June 30, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleges that he was discriminated against with respect to employment or with respect to a contract on the basis if ancestry, colour, race and was reprised against, contrary to sections 3, 5, 8 and 9 of the Code.

2The applicant self-identifies as a Black male. He alleges that he was racially harassed at the respondent club between June and August 2007. He reported this harassment to management. He alleges that he was fired because he complained in September 2007.

3The Tribunal delivered a Notice of Hearing dated May 25, 2010 to the applicant. The Notice scheduled the hearing for January 12, 2011 at 9.30 at the Tribunal’s hearing centre in Toronto. The Notice was delivered to the applicant’s address for service provided in the Application and was not returned to the Tribunal as undeliverable.

4On January 12, 2011 the respondents were present at the hearing centre at 9:30 but the applicant was not. The Tribunal waited until 10.45 a.m. but no one attended for the applicant and the applicant did not attempt to contact the Tribunal.

5In light of the applicant’s non-attendance at the hearing, the Application is dismissed as abandoned.