David Mullett v. Benteler Automotive Canada, 2013 HRTO 1194

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Mullett

Applicant

-and-

Benteler Automotive Canada

Respondent

DECISION

Adjudicator: Douglas Sanderson

Date: July 9, 2013

Citation: 2013 HRTO 1194

Indexed as: Mullett v. Benteler Automotive Canada

WRITTEN SUBMISSIONS

Benteler Automotive Canada, Respondent

Jessica Young, Counsel

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of record of offences.

2In the Application, the applicant alleged that the respondent terminated his employment after returning from a short illness in January 2013. The applicant alleged that the respondent targeted him because of his past record. The applicant indicated that the termination of his employment was the subject of a grievance filed on his behalf by his trade union, Canadian Auto Workers, Local 1285.

3In light of the ongoing grievance, the Tribunal delivered the Application to the respondent, along with a Notice of Intent to Defer, dated April 18, 2013 (the “Notice”). In the Notice, the Tribunal advised the respondent that it could make submissions on the issue of deferral within 30 days of April 18, 2013. On May 21, 2013, the respondent filed a Response in which it requested dismissal of the Application because the applicant signed a full and final release with respect to the same matter. By letter dated June 6, 2013, the Tribunal directed the applicant to respond to the request to dismiss by filing a Response to Request for an Order (Form 11), not later than June 20, 2013. The letter contained the following warning:

The HRTO will consider your submissions before deciding whether to dismiss or proceed with your Application. If you do not file written submissions by the required time, the HRTO will make its decision based only on the information in your Application and the Response or may consider the failure to respond as an abandonment of your Application and dismiss the Application for that reason.

4As of the date of this Decision, the applicant has not filed any submissions in response to the request to dismiss the Application. In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.