Monica Cuevas Martinez v. Tan Dhillon, 2013 HRTO 1550

Human Rights Tribunal of Ontario

B E T W E E N:

Monica Cuevas Martinez Applicant

-and-

Tan Dhillon Respondent

INTERIM DECISION

Adjudicator: Paul Aterman Date: September 16, 2013 Citation: 2013 HRTO 1550 Indexed as: Martinez v. Dhillon

WRITTEN SUBMISSIONS

Monica Cuevas Martinez, Applicant Self-represented

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 disability. Prior to the Application being provided to the respondent the Tribunal invited submissions on whether it should be deferred pending the outcome of other proceedings before an Employment Standards Officer of the Ministry of Labour.

2In Interim Decision 2012 HRTO 2388, dated December 21, 2012, the Tribunal ordered deferral of the Application.

3The applicant has since filed a Request to re-activate her Application on July 19, 2013 on the grounds that those other proceedings are now complete. This is within the 60 days period prescribed by Rule 14. 3 of the Tribunal’s Rules of Procedure. In support of this she has provided a copy of the May 29, 2013 decision of the Employment Standards Officer. In that decision the officer was unable to conclude that an employment relationship existed between the applicant and respondent. There is no indication that this decision has been appealed to the Ontario Labour Relations Board.

4The respondent has not made any submissions in response to the applicant’s Request to re-activate.

5As the proceedings which gave rise to the deferral have now been completed, there is a timely request to reactivate, and there is no indication of any further proceedings pending, the Request is granted.

6The Registrar is requested to provide the respondent with a copy of the Application so that the respondent can now file a Response in accordance with the Tribunal’s Rules of Procedure. The applicant has indicated that she is willing to attempt mediation to resolve this Application. Accordingly, in filing the Response, the respondent is requested to indicate whether he is also willing to try mediation.

order

7The Request to re-activate this Application is granted.

8The Registrar is requested to provide the respondent with a copy of the Application to enable the respondent to file a Response in accordance with the Tribunal’s Rules of Procedure.