The applicant, an Ontario Works employment counselor employed by the Pic Mobert First Nation, filed a human rights application alleging discrimination and reprisal.
The respondent argued the matter fell under federal jurisdiction, sought dismissal under s. 45.1 of the Code due to a prior WSIB decision, and requested the WSIB be added as a respondent.
The Tribunal held that the operation of the Ontario Works office was a provincial undertaking, placing the employment under provincial jurisdiction.
The Tribunal declined to dismiss the application under s. 45.1, finding the WSIB proceeding did not deal with the substance of the human rights allegations.
Finally, the Tribunal removed the WSIB as a respondent because no Code violations were alleged against it.