Hermai Emmanuel v. Aramark Food Services, 2015 HRTO 410

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hermai Emmanuel Applicant

-and-

Aramark Food Services Respondent

DECISION

Adjudicator: Eli Fellman Date: March 30, 2015 Citation: 2015 HRTO 410 Indexed as: Emmanuel v. Aramark Food Services

1This is an Application filed on December 9, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2By way of an Interim Decision dated March 14, 2011, 2011 HRTO 504, the Tribunal determined that the Application should be deferred pending the completion of related grievance proceedings.

3On January 2, 2013, the Tribunal sent the parties and Workers United Ontario Council (the “union”) a letter asking the applicant to advise whether the grievance proceeding is still ongoing and, if possible, when it is expected to be completed, within 30 days of the date of the letter. The applicant was advised that if she fails to do so, the Tribunal may dismiss the Application as abandoned. The Tribunal did not receive a response to this letter.

4On March 23, 2015, the Tribunal sent an email to the parties and the union asking for a response to the letter by March 26, 2015. The email states that the Application may be dismissed as abandoned if there is no response to the letter.

5On March 27, 2015, legal counsel for the union provided the Tribunal with an email advising that a grievance/arbitration had been held and the parties entered into minutes of settlement resolving all disputes between the parties, including the Tribunal Application.

6The applicant did not respond to the Tribunal’s March 23, 2015 email.

7In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.