Zeleda Davis v. UNITE HERE Local 75, 2013 HRTO 283

Human Rights Tribunal of Ontario

BETWEEN:

Zeleda Davis Applicant

-and-

UNITE HERE Local 75 Respondent

Decision

Adjudicator: Ena Chadha Date: February 19, 2013 Citation: 2013 HRTO 283 Indexed as: Davis v. UNITE HERE Local 75

1The applicant filed this Application on August 10, 2012, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended ("Code"), alleging discrimination with respect to employment on the basis of race, gender and age.

2The applicant alleges that, at the age of 64, the respondent employer forced her to retire before she was ready.

3The respondent filed a Response on December 11, 2012, and in the Response requested the Tribunal to dismiss the Application on the basis that the applicant signed a full and final release with respect to the same subject matter of the Application.

4The respondent provided a copy of signed Minutes of Settlement, dated September 1, 2011. Based on the various provisions included in the Minutes of Settlement, the applicant purportedly agreed that she was voluntarily retiring, that she was releasing the respondent of any actions arising out of her employment and retirement, that settlement payments were inclusive and exhaustive of all claims and entitlements under the Code and that applicant entered into the agreement without any pressure after having been advised to seek independent legal advice which the respondent was willing to pay for and which the applicant declined.

5On January 15, 2013, the Tribunal forwarded a copy of the Response to the applicant along with a Notice of the request to dismiss. In the Notice, the Tribunal indicated that the respondent seeks early dismissal on the basis that applicant signed a full and final release with respect to the same issues in dispute in the Application. The Tribunal directed the applicant to file response submissions addressing the issues raised by the request to dismiss no later than January 29, 2013. The Notice expressly stated that if the applicant did not file submissions by the required the time the Tribunal may consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.

6The applicant did not file submissions in response to the Notice and the time for doing so has elapsed.

7Given that the applicant has not filed submissions in accordance with the Tribunal's Notice, the applicant is deemed to have abandoned the Application.

8Accordingly, the Application is dismissed.