HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Radita Stela Kurtos
Applicant
-and-
Van Houtte Coffee Services LP and Todd McKay
Respondents
INTERIM DECISION
Adjudicator: David A. Wright
Indexed as: Kurtos v. Van Houtte Coffee Services
Human Rights Tribunal of Ontario
655 Bay Street, 14^th^ Floor
Toronto ON M7A 2A3
Phone (416) 326-1312 / 1-866-598-0322 Fax (416) 326-2199 / 1-866-355-6099
TTY (416) 314-2379 / 1-800-424-1168
E-mail hrto.registrar@ontario.ca
Website www.hrto.ca
1The applicant filed this Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) dated July 16, 2008 a result of her dismissal from employment.
2The applicant checked off “record of offences” as the alleged ground of discrimination in her application form. On the Form 1-A, which asks specific questions for employment discrimination applications, the applicant answered “no” to the questions “Do you believe you were harassed or discriminated against because of your record of offences under a federal law (Criminal Code offence)?” and “Do you believe you were harassed or discriminated against because of your record of offences under the provincial law (such as the Highway Traffic Act)?”. The applicant’s narrative does not appear to allege that the respondents discriminated against her on the basis of record of offences or on any other protected ground. She alleges that she was told that her position was eliminated due to restructuring, but that this was in fact not the case.
3The Tribunal does not have a general power to evaluate employment relationships or dismissals, but hears applications that allege violations of the Code. In employment, s. 5(1) of the Code prohibits discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability. Section 10(1) defines record of offences as a conviction for:
(a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked; or
(b) an offence in respect of any provincial enactment.
4The applicant states that she does not believe she was harassed or discriminated against as a result of a conviction for either offence, and therefore the Application does not, in fact, allege discrimination on the basis of record of offences as defined in the Code. The applicant has identified no other alleged ground of discrimination or basis upon which she says that the Code was violated.
5The Tribunal requests written submissions from the applicant to address the issue of its jurisdiction to hear the Application. The applicant should explain how her Application raises matters which the Tribunal has the power to decide. The respondents are not required to file any submissions on this point unless directed to do so by the Tribunal.
6The applicant’s submissions should be delivered to the respondents and filed with the Tribunal by October 14, 2008. Following receipt of the submissions, or if the applicant does not provide submissions by the date set, the Tribunal may consider whether the application should be dismissed under Rule 13.1 of the Tribunal’s Rules of Procedure, which permits it to dismiss all or part of an application that is outside its jurisdiction.
7The applicant may wish to consult the Applicant’s Guide, available on the Tribunal’s website or from the Registrar’s office. Pages 2-3 of the guide set out sources of assistance that may be available to her. I am not seized of this matter.
Dated at Toronto, this 29^th^ day of September, 2008.
“Signed by”
David A. Wright
Vice-Chair