Baker v. 967105 Ontario Ltd. o/a On Deck, 2015 HRTO 1468

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Baker

Applicant

-and-

967105 Ontario Ltd. o/a On Deck

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: November 2, 2015 Citation: 2015 HRTO 1468 Indexed as: Baker v. 967105 Ontario Ltd. o/a On Deck

WRITTEN SUBMISSIONS

Michael Baker, Applicant

Self-represented

967105 Ontario Ltd. o/a On Deck, Respondent

Sandy Sellers, Representative

1This Interim Decision addresses whether the Application has been withdrawn. It also addresses the impact of an Employment Standards Act (“ESA”) proceeding involving the parties.

2In his Application, the applicant alleged that the respondent discriminated against him because of disability contrary to the Human Rights Code, R.S.O. c. H. 19, as amended (the “Code”). Specifically, the applicant claims that he has a disability and that this disability was a factor in the termination of his employment in or around June 2015.

3The respondent filed a Response in which it denied the allegations in the Application.

Application not Withdrawn

4On October 13, 2015, the applicant sent the Tribunal an e-mail in which he said he wished to withdraw his Application. The following day, he sent another e-mail rescinding this request.

5The respondent sent an e-mail on October 18, 2015 in which it refers to the Application as having been withdrawn.

6The Application has not been withdrawn. As noted above, the applicant rescinded his request to withdraw the Application promptly after sending his request. The applicant never filed a Form 9, the form required to withdraw an Application. In these circumstances, I find that the Application has not been withdrawn and therefore it will continue in the Tribunal’s process.

ESA Proceeding

7In its Response, the respondent requested that the Tribunal defer consideration of the Application pending the outcome of an ESA claim that the applicant filed with the Ministry of Labour. On October 19, 2015, the respondent forwarded to the Tribunal a decision by an ESA officer in relation to the applicant’s claim. The decision deals with hours of work and eating periods. Since the ESA proceeding is now complete, there is no basis on which to defer consideration of this Application. Since, there is no overlap between the applicant’s ESA claim and the issues raised in the Application to this Tribunal, the ESA decision had no impact on this proceeding.

Orders/directions

8For the reasons set out above, the Application has not been withdrawn and will continue in the Tribunal’s process. Since the respondent has not agreed to attempt mediation in this case, the Tribunal’s Registrar shall schedule the Application for a two day hearing.

9I am not seized.