Human Rights Tribunal of Ontario
B E T W E E N:
Roye Bello Applicant
-and-
Toronto Transit Commission, Gary Webster, Mary Wiegers, Collie Greenwood, Ron Smale and Brenda Ross Respondents
INTERIM DECISION
Adjudicator: Douglas Sanderson Date: July 4, 2012 Citation: 2012 HRTO 1320 Indexed as: Bello v. Toronto Transit Commission
1This is an Application filed on January 18, 2012 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of race, colour, ancestry, place of origin and ethnic origin.
2The applicant states that the respondents subjected him to harassment and wrongly terminated his employment in violation of the Code. The respondent denies the allegations and asserts that it provided appropriate accommodation to the applicant. The applicant states that he signed Minutes of Settlement regarding the grievance challenging the termination of employment, but did so under duress and did not cash the cheque the organizational respondent sent him.
3The respondent also requests early dismissal of the Application because another proceeding has appropriately dealt with the matter, pursuant to section 45.1 of the Code and because the applicant signed a full and final release with respect to the same issues in dispute. The respondent asserts that the respondent, the applicant and the trade union representing the applicant executed Minutes of Settlement to resolve the grievance filed challenging the termination of the applicant’s employment. The respondent states that the applicant was permitted to resign his employment in exchange for a payment from the organizational respondent and the terms of settlement included a full and final release in favour of the organizational respondent. The respondents submit that the grievance procedure was a proceeding that appropriately dealt with the substance of the Application and that allowing the Application to proceed would be an abuse of process in light of the release language in the Minutes of Settlement.
4The Tribunal directed the applicant to file a Response to Request for Order During Proceedings (“Response to Request”) to respond to the dismissal request, but he declined to do so.
5Section 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.
6Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application without affording the parties a chance to make oral submissions.
7Within 14 days of the date of this Decision, the applicant will advise the Registrar and the respondents in writing whether he would like an opportunity to make oral submissions on the issue of whether the Application should be dismissed pursuant to section 45.1 of the Code or as an abuse of process.
8If the applicant indicates that he wishes to make oral submissions, the Registrar will schedule an oral hearing by way of telephone conference to address the following issues:
Does the grievance procedure and settlement of the applicant’s grievance amount to a proceeding that appropriately dealt with the substance of the Application?
Is the Application an abuse of process, in light of the language contained in the Minutes of Settlement?
9If the parties wish to rely on case law or other supporting material not already filed with the Tribunal, then they are directed to deliver this material to each other and to the Tribunal no later than 14 days before the date scheduled for the conference call.
10If the applicant does not communicate with the Registrar in response to this Interim Decision or if he indicates that he does not wish to make oral submissions, the Tribunal will determine the issues based on the materials already filed by the parties.
11I am not seized of this matter.
Dated at Toronto, this 4th day of July, 2012.
”Signed by”_________
Douglas Sanderson Vice-chair