Basan v. ERCO Worldwide, 2017 HRTO 1025

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Eric Basan

Applicant

-and-

ERCO Worldwide, a division of Superior Plus LP

Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: August 10, 2017 Citation: 2017 HRTO 1025 Indexed as: Basan v. ERCO Worldwide

WRITTEN SUBMISSIONS

ERCO Worldwide, A division of Superior Plus LP, Respondent

Christopher Cowan, Counsel

1The applicant filed this Application alleging that the respondent discriminated against him because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). Specifically, he alleged that the respondent harassed and discriminated against him prior to the termination of his employment.

2In its Response, the respondent requested that the Tribunal dismiss the Application on the basis that the applicant signed a full and final release when his employment was terminated. By signing the release, the applicant specifically undertook not to commence any complaint under the Code.

3By letter dated July 11, 2017, the Tribunal delivered the Response to the applicant and advised him that he was required to respond to the respondent’s dismissal request by no later than August 1, 2017. The letter specifically advised the applicant that the Tribunal might consider a failure to respond as an abandonment of the Application.

4The Tribunal sent the letter to the applicant by e-mail and mail to the addresses set out in his Application.

5The applicant did not respond to the Tribunal’s letter and deadline for doing so has passed.

Order

6In the above circumstances, the Application is dismissed as abandoned.