HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Joanna Holland
Applicant
-and-
Norton Global Media Inc.
Respondent
DECISION
Adjudicator: Alan G. Smith
Indexed as: Holland v. Norton Global Media
BACKGROUND
1The Applicant filed an application November 9, 2010, pursuant to section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment. The respondent filed a Response and Notice of Respondent’s Request to Defer/Dismiss on March 4, 2011. The respondent requested deferral/dismissal of the Application because another proceeding involving both parties and some or all of the issues in dispute in the Application had been initiated by the applicant at the Ontario Ministry of Labour pursuant to the Employment Standards Act, 2000, (“ESA”).
2Tribunal Rule 14.1 provides that the Tribunal may, on its own initiative or at the request of a party, defer consideration of an Application pursuant to section 45 of the Code.
3Section 45.1 of the Code provides:
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.
4On April 7, 2011, the respondent provided the Tribunal with a copy, dated March 31, 2011, of the decision of the Employment Standards Officer who had investigated the applicant’s ESA claim. The claim was dismissed by the Employment Standards Officer, but with a right of review by the Ontario Labour Relations Board. Pursuant to the ESA, the review must have been requested by the applicant by April 30, 2011.
5The Tribunal cannot defer an Application unless there is proof of an ongoing proceeding before another decision maker. Similarly, the Tribunal cannot consider dismissing an Application pursuant to section 45.1 of the Code unless the other “proceeding” has concluded. Therefore, by Case Assessment Direction (“CAD”) dated May 3, 2011, I directed the parties to inform the Tribunal of the status of the applicant’s ESA claim within fourteen (14) days of the date of the CAD.
6If the applicant had exercised her right to have the decision of the Employment Standards officer reviewed by the Ontario Labour Relations Board, she was further directed in the CAD of May 3, 2011, to provide submissions, within fourteen (14) days of the date of the CAD, regarding the respondent’s Request to Defer the Application pending the outcome of the ESA review.
7If the applicant had not requested a review of the ESA decision, the applicant was directed to provide submissions, within fourteen (14) days of the date of the CAD, regarding the respondent’s Request to Dismiss pursuant to section 45.1 of the Code.
8The CAD cautioned the applicant that if she failed to deliver and file submissions as directed the Application might be dismissed as abandoned.
9No response to the CAD, or any other correspondence, was received by the Tribunal from either of the parties, and the time for doing so has passed.
DECISION
10I therefore consider that in the circumstances the applicant is deemed to have abandoned the Application.
ORDER
11The Application is dismissed.
Dated at Toronto this 7th day of July, 2011.
“signed by “
Alan G. Smith
Member