Samarco v. Forget About It Supper Club, 2017 HRTO 1551

Human Rights Tribunal of Ontario

B E T W E E N:

Michelle Samarco Applicant

-and-

Forget About It Supper Club and Rahul Amhed Respondents

DECISION

Adjudicator: Douglas Sanderson Date: November 23, 2017 Citation: 2017 HRTO 1551 Indexed as: Samarco v. Forget About It Supper Club

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment.

2On September 22, 2017, the Tribunal sent the applicant a Notice of Intent to Dismiss ("NOID") that advised her that the Application appears to be outside the Tribunal's jurisdiction because:

• A review of the Application and the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent(s). The Tribunal does not have jurisdiction over general allegations of unfairness unless the unfairness is connected, in whole or in part, to one of the grounds specifically set out in Part I of the Code.

3The Tribunal directed the applicant to file written submissions in response to the NOID by October 23, 2017.

4The NOID warned the applicant that if she did not file written submissions by the specified date, then the Tribunal would make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason. As of the date of this Decision, the applicant has not filed any submissions in response to the NOID. In the circumstances it appears the applicant has abandoned the Application.

5The Application is dismissed as abandoned.