Patranie Fagu v. Carillion Services Inc., 2012 HRTO 2357

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Patranie Fagu Applicant

-and-

Carillion Services Inc. Respondent

INTERIM DECISION

Adjudicator: Naomi Overend Decision Date: December 17, 2012 Citation: 2012 HRTO 2357 Indexed as: Fagu v. Carillion Services Inc.

1This decision is in respect of an Application filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of reprisal and disability.

2In Interim Decision 2012 HRTO 2049, dated October 26, 2012, the Application was dismissed against one of two respondents (the union) and continued as against the corporate respondent, Carillion Services Inc. (“Carillion”). The Tribunal directed that Carillion file a Response, which it had not yet been required to do, not later than 35 days from October 26, 2012.

3As of the date of this Interim Decision Carillion has not filed a Response, nor has the Tribunal’s correspondence to it been returned.

4An application to the Tribunal starts a legal proceeding. A finding that a violation of the Code has occurred may lead to various orders, including monetary compensation, other forms of restitution to the applicant, and orders to take action to promote compliance with the Code. Failure to file a response or participate in a Tribunal proceeding may lead to orders against individual and corporate respondents without their participation. The respondent’s attention is drawn to Rule 5.5 of the Tribunal’s Rules of Procedure which reads as follows:

5.5 Where an Application is delivered to a Respondent who does not respond to the Application, the Tribunal may:

a) deem the Respondent to have accepted all of the allegations in the Application;

b) proceed to deal with the Application without further notice to the Respondent;

c) deem the Respondent to have waived all rights with respect to further notice or participation in the proceeding;

d) decide the matter based only on the material before the Tribunal.

5The Tribunal has an address for the respondent and an address, email and fax number for the respondent’s counsel of record. The Tribunal shall send a copy of this Interim Decision to the respondent and respondent’s counsel by regular mail/fax/email.

6If the respondent wishes to participate in this proceeding, it shall file a Response with the Tribunal within 14 days of the date of this Interim Decision, together with an explanation of why the Response was not filed in accordance with the direction in Interim Decision 2012 HRTO 2049. If a Response is not received, the Tribunal may proceed without further notice to the respondent and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.