Jerry Brouse v. KGHM International Ltd., 2015 HRTO 1274

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jerry Brouse Applicant

-and-

KGHM International Ltd. Respondent

DECISION

Adjudicator: Jennifer Scott Date: September 23, 2015 Citation: 2015 HRTO 1274 Indexed as: Brouse v. KGHM International Ltd.

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 16, 2015, concerning the termination of the applicant’s employment.

2On June 4, 2015, the Tribunal delivered the Response to the Applicant and advised him of the Respondent’s Request to Dismiss the Application (the “Dismissal Request”). The Respondent sought dismissal of the Application on the basis that it had been appropriately dealt with in a grievance proceeding that had been settled, and that to proceed with the Application would constitute an abuse of the Tribunal’s Process. The Respondent also asserted the Application was filed out of time.

3The applicant was directed to respond to the issues raised in the Dismissal Request by no later than June 18, 2015. The letter advised the applicant that failure to respond to the Dismissal Request may be considered an abandonment of the Application and it might be dismissed for that reason.

4The Tribunal subsequently provided two extensions to the applicant to respond to the Dismissal Request. The July 18, 2015 deadline was extended to August 4, 2015 and subsequently extended to August 18, 2015.

5It has been more than one month past the date of the second extension and the applicant has not responded to the Dismissal Request.

6In the circumstances, the applicant is deemed to have abandoned the Application.

7The Application is dismissed.