Melissa Woolcock v. Kaiser Aluminum Canada, 2016 HRTO 1596

Human Rights Tribunal of Ontario

Between:

Melissa Woolcock Applicant

-and-

Kaiser Aluminum Canada Respondent

Reconsideration Decision

Adjudicator: Dawn J. Kershaw Date: December 12, 2016 Citation: 2016 HRTO 1596 Indexed as: Woolcock v. Kaiser Aluminum Canada

Introduction

1The applicant filed an Application on October 18, 2013, alleging that the respondent discriminated and reprised against her in employment contrary to the Human Rights Code, R.S.O. 1990 c. H. 19, as amended (the "Code").

2A preliminary hearing with respect to delay and good faith was scheduled for December 8, 2016 by teleconference. Neither party joined the teleconference call, and I issued a Decision, 2016 HRTO 1582, dismissing the Application as abandoned.

3The applicant filed a Form 20 Request for Reconsideration on December 9, 2016. She advised that on November 29, 2016 the respondent counsel had requested that the Tribunal reschedule the preliminary hearing. The Tribunal advised the parties to provide alternate dates for the preliminary hearing. This information was not communicated to me in advance of the preliminary hearing due to administrative error. The Tribunal regrets this error.

4As the Decision to dismiss the Application as abandoned was based on erroneous information, it cannot stand and is set aside. The reconsideration request is granted.

Order and direction

5The Decision, 2016 HRTO 1582, is set aside and the reconsideration request granted.

6The parties are directed to comply with the Tribunal's rescheduling directions as set out in its November 29, 2016 e-mail by no later than December 17, 2016.