Human Rights Tribunal of Ontario
B E T W E E N:
Ann McCulloch
Applicant
-and-
Amica at Dundas
Respondent
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: McCulloch v. Amica at Dundas
1This Interim Decision deals with an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). The Application alleges discrimination in employment on the ground of disability. In its Response, the respondent asks the Tribunal to dismiss the Application pursuant to section 45.1 of the Code which provides as follows:
45.1 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.
2The applicant was employed by the respondent and the applicant’s employment was terminated by the respondent on November 18, 2009. The applicant filed a complaint with the Employment Standards Branch of the Ministry of Labour under the Employment Standards Act, 2000, S.O. 2000, c.41 as amended (the “ESA”). The complaint alleged that the applicant was entitled to termination pay under the ESA. An Employment Standards Officer upheld the applicant’s complaint and ordered the respondent to pay two weeks of termination pay and vacation pay. The respondent submits that the substance of the Application has been appropriately dealt with by the ESA proceeding and asks the Tribunal to dismiss the Application under section 45.1.
3An Application can only be dismissed under section 45.1 if another proceeding has appropriately dealt with the substance of the application. In this case, the proceeding under the ESA concerned only the applicant’s entitlement to termination pay and vacation pay. That proceeding did not deal with the substance of the Application, which alleges discrimination on the grounds of disability. For this reason the Application cannot be dismissed under section 45.1 and the respondent’s Request is denied.
4I am not seized of the Application.
Dated at Toronto, this 4^th^ day of February, 2011.
”signed by”__________
Brian Cook
Vice-chair