Stanley Miga v. ArcelorMittal Dofasco, 2012 HRTO 2295

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stanley Miga Applicant

-and-

ArcelorMittal Dofasco Respondent

DECISION

Adjudicator: Brian Eyolfson Date: December 6, 2012 Citation: 2012 HRTO 2295 Indexed as: Miga v. ArcelorMittal Dofasco

Introduction

1This is an Application filed on July 15, 2011, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination and harassment with respect to employment.

2Both parties agreed to mediation.

3The Tribunal scheduled mediation for September 14, 2012. The Notice of Mediation was sent to all parties by regular mail to the addresses and contact information provided by the parties. This correspondence was not returned to the Tribunal as undeliverable.

4On September 14, 2012, the applicant failed to attend the mediation. The applicant did not advise the Tribunal prior to the scheduled mediation date, or any time after the Notice of Mediation was provided to the parties, that he was unable to attend on the scheduled date.

5By correspondence to the applicant dated September 19, 2012, the applicant was directed to advise the Tribunal and the respondent on or before October 1, 2012 whether he intended to proceed with this Application. The Tribunal advised the applicant that if he did not respond to this correspondence by October 1, 2012, that the Tribunal may deem the Application to be abandoned and dismiss the Application. This correspondence was sent by regular mail to address provided by the applicant in his Application. This correspondence has not been returned to the Tribunal as undeliverable.

6The applicant has not responded to the Tribunal’s correspondence of September 19, 2012, and the time for doing so has passed.

7In the circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed.