Pamela Felker v. Sobeys Milton Retail Distribution Center and United Food and Commercial Workers International Union, 2015 HRTO 1212

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pamela Felker

Applicant

-and-

Sobeys Milton Retail Distribution Center and United Food and Commercial Workers International Union

Respondents

DECISION

Adjudicator: Naomi Overend

Date: September 14, 2015

Citation: 2015 HRTO 1212

Indexed as: Felker v. Sobeys Milton Retail Distribution Centre

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 July 20, 2011.

2In Interim Decision 2011 HRTO 2125, issued November 24, 2011, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance proceedings.

3On January 11, 2013 and February 11, 2014, the Tribunal wrote to the applicant. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letters whether the other proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The letters went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned. The applicant has not responded to the Tribunal’s two letters. The Tribunal’s letters to the applicant have not been returned as undeliverable.

4Moreover, on September 1, 2015, the respondent United Food and Commercial Workers International Union wrote to advise the Tribunal that the arbitrator issued his decision on September 14, 2014, and in the intervening year, the applicant had not asked the Tribunal to reactivate her Application. It requests that the Tribunal dismiss this Application.

5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.