HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Marion Wenzel
Applicant
-and-
ACCUCAPS Industries Limited and Canadian Auto Workers Local 195
Respondents
INTERIM DECISION
Adjudicator: Ena Chadha
Indexed as: Wenzel v. ACCUCAPS Industries Limited
1The applicant filed an Application with the Tribunal on August 3, 2011 pursuant to section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) against the two named organizational respondents.
2On August 30, 2010, the Tribunal’s Registrar issued to the applicant a Notice of Intent to Dismiss Against Certain Respondents (“NOID”). The NOID informed the applicant that the Application as against the Canadian Auto Workers Local 195 (“union”) appeared to be outside of the Tribunal’s jurisdiction because the Application and the narrative setting out the incidents of alleged discrimination failed to identify any specific acts of discrimination committed by that union.
3The NOID directed the applicant to provide written submissions within 30 days explaining how the union is alleged to have breached the Code. The NOID expressly stated that if the applicant failed to provide written submissions by the required time, the Tribunal may consider the failure to respond as abandonment of the Application as against the union.
4As of the date of this Interim Decision, the applicant has not responded to the Tribunal’s NOID and the time for doing so has elapsed.
5Accordingly, the Application is dismissed as against the union.
6I am not seized of this matter.
Dated at Toronto, this 1st day of November, 2011.
”signed by”
Ena Chadha
Vice-chair