Krystle Ross v. Gemma Communications, 2013 HRTO 1412

Human Rights Tribunal of Ontario

B E T W E E N:

Krystle Ross Applicant

-and-

Gemma Communications Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw Date: August 16, 2013 Citation: 2013 HRTO 1412 Indexed as: Ross v. Gemma Communications

WRITTEN SUBMISSIONS

Krystle Ross, Applicant

Toby Samson, Representative

Introduction

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 race, colour, ethnic origin, sex and marital status.

2The applicant in her Request for an Order During Proceedings asks to amend her Application:

a. To add a claim for reprisal;

b. To clarify the remedies sought to include general damages of $40,000.00, lost wages of $6,000.00 and a public interest remedy that management at the respondent company take the Human Rights 101 course and post Human Rights cards in central locations throughout the workplace.

The respondent did not respond to the Request and the time for doing so has now passed.

Argument and Analysis

3The Tribunal allows the amendments, which were not opposed by the respondent.

4The amendments are allowed in accordance with the test in Wozenilek v. 7-Eleven, 2009 HRTO 926, by "taking into account the stage at which the request to amend is made, the nature of the amendment and the absence of any apparent prejudice."

5This Application is at a very early stage, having been filed in May, 2013. The amendments do not raise any new facts. There is, therefore, no prejudice to the respondent.

6I note that the proposed amended remedies are expressed in terms inconsistent with the language of s. 45.2(1). This is corrected in the Order below.

Order

7The Tribunal orders:

a. The Application is amended to:

• add the ground of reprisal;
• clarify the remedies sought to include (i) monetary compensation in the amount of $40,000.00 for the injury to her dignity, feelings and self-respect and (ii) monetary compensation in the amount of $6,000.00 for lost wages; and,
• seek an order that management at the respondent company take the Human Rights 101 course and post Human Rights cards in central locations throughout the workplace to promote future compliance with the Code. ;

b. The respondent may file an amended Response within 14 days of this Interim Decision;

c. The applicant may file an amended Reply within 7 days of her receipt of the amended Response, if any.