Ashley Williams v. PEOPLEsource Staffing Solutions Inc., 2015 HRTO 1273

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ashley Williams

Applicant

-and-

PEOPLEsource Staffing Solutions Inc.

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: September 23, 2015

Citation: 2015 HRTO 1273

Indexed as: Williams v. PEOPLEsource Staffing Solutions Inc.

1This Application for Contravention of Settlement (“Application”) was filed under section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on March 21, 2015. The Application did not attach a copy of a settlement alleged to have been contravened, as required by Rule 24.2 of the Tribunal’s Rules of Procedure. The applicant did attach email correspondence stating that a “decision was sent out November 27” and the respondent had four weeks to comply.

2On March 31, 2015, the respondent filed a Response to the Application. In the Response, the respondent stated that there is no settlement. The respondent submitted that the Tribunal issued a Decision, and that the applicant must pursue enforcement through the courts and not the Tribunal. The respondent attached a copy of a Tribunal Decision dated November 27, 2014. The Decision ordered the respondent to pay the applicant monetary compensation within four weeks of the date of the Decision.

3In a letter to the applicant, dated April 27, 2015, and copied to the respondent, the Tribunal noted that the applicant is alleging that the respondent failed to comply with a Tribunal Decision, and not that the respondent breached minutes of settlement from a previous application. The applicant was directed to clarify whether or not an alleged breach of settlement had occurred, as well as provide her intentions with respect to proceeding with the Application within 14 days of the date of the letter. The applicant was advised that if she did not respond within the identified time period, the Application may be considered abandoned.

4On May 11 and August 17, 2015, the applicant confirmed that she is pursuing this matter in Small Claims Court, however, the applicant has not clarified to date whether or not an alleged breach of settlement occurred, as directed in the Tribunal’s April 27, 2015 letter to her.

5Pursuant to section 45.9(3) of the Code, if a settlement of an application made under section 34 or 35 of the Code is agreed to in writing and signed by the parties, a party who believes that another party has contravened the settlement may make an application to the Tribunal.

6In the present case, there is no indication that there is a settlement within the meaning of section 45.9(3) of the Code. Rather, it appears that the applicant is alleging that the respondent failed to comply with a Tribunal Decision and she is pursuing enforcement elsewhere. In the circumstances, this Application does not appear to be a matter within the Tribunal’s jurisdiction.

7The Application is dismissed.