Antoniu Marcu v. Employment Source Toronto Centre, 2014 HRTO 1335

Human Rights Tribunal of Ontario

B E T W E E N:

Antoniu Marcu Applicant

-and-

Employment Source Toronto Centre Respondent

DECISION

Adjudicator: Paul Aterman Date: September 10, 2014 Citation: 2014 HRTO 1335 Indexed as: Marcu v. Employment Source Toronto Centre

Introduction

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H. 19 as amended (the “Code”) on March 27, 2014. The applicant was conducting a computer search for employment at a facility operated by the respondent when he was told to get off the computer. He alleges that an employee of the respondent barred him from using the computer because he was not using it to look for work.

2The applicant alleges that the respondent discriminated against him on the Code ground of record of offences.

3Because it was unclear from the Application what the connection was between the facts alleged by the applicant and any of the prohibited grounds of discrimination under the Code, on June 27, 2014, the Tribunal sent the applicant a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application does not describe how the respondent’s alleged conduct was discriminatory.

4The applicant was directed to provide written submissions responding to the issues raised in the NOID by July 28, 2014. He was advised that if he failed to do so, the Tribunal could decide to dismiss his Application based only on the information before it, or it could consider his failure to provide submissions as an abandonment of his Application. The NOID has not been returned as undeliverable to the Tribunal.

5The applicant has not responded to the NOID and the time for doing so has now passed. In the circumstances the applicant is deemed to have abandoned his Application.

order

6The Application is dismissed.