Pauline Sra v. Sunnybrook Health Sciences Centre, 2012 HRTO 128

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pauline Sra

Applicant

-and-

Sunnybrook Health Sciences Centre

Respondent

decision

Adjudicator: Ena Chadha

Date: January 17, 2012

Citation: 2012 HRTO 128

Indexed as: Sra v. Sunnybrook Health Sciences Centre

1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on November 16, 2010, alleging discrimination with respect to employment on the basis of age and record of offences. In her Application, the applicant noted that she had a number of workplace grievances.

2The respondent filed a Response on October 24, 2011, wherein it requested that the Tribunal dismiss the Application because the parties entered into Minutes of Settlement which resolved the applicant’s grievance. The respondent submits that the applicant signed a full and final release, dated October 8, 2010, relieving the respondent of any claims arising out of the applicant’s employment. The respondent submits that the applicant agreed to resign her employment effective October 1, 2010. The respondent attached a copy of the Minutes of Settlement.

3On November 25, 2011, the Tribunal issued a letter delivering the Response and providing notice of the respondent’s request to dismiss on the basis that the applicant signed a full and final release with respect to the issues in dispute in the Application. The Tribunal’s letter directed the applicant to provide written submissions on or before December 9, 2011 addressing the respondent’s request to dismiss.

4As of the date of this Decision, the applicant has not responded to the Tribunal’s letter and the time for filing submissions has elapsed.

5In the circumstances, the applicant is deemed to have abandoned the Application. Accordingly, the Application is dismissed.