HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John-Phillip Russo

Applicant

-and-

Toronto Community Housing Corporation, CUPE Local 79, and hsi solutions

Respondents

INTERIM DECISION

Adjudicator: Jay Sengupta

Date: October 6, 2008

Citation: 2008 HRTO 125

Indexed as: Russo v. Toronto (Community Housing Corporation)

Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto ON M7A 2A3 Phone (416) 326-1312 / 1-866-598-0322 / Fax (416) 326-2199 / Toll Free1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

[1] This is an Application filed on September 4, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

[2] The material before the Tribunal raises an issue of whether the Tribunal has any jurisdiction over the matters raised in the Application.

[3] It appears that several events led the applicant to make this Application, the most pressing being either a termination from employment or demotion. In filling out the Application, the applicant has checked off the parts of the form indicating discrimination in the area of employment and while he was a member of a vocational association.

[4] In the narrative, the applicant alleges that he was either dismissed or demoted over workplace harassment allegations. He claims, among other things, that the harassment allegations were a pretext used to remove him from his position and justify hiring an external applicant. He confirms that a grievance has been filed and is ongoing, although he is not happy with the manner in which the union has dealt with his situation. Although he alleges reprisal under the Code, he does not explain how any of the events are linked to attempts to claim or enforce rights under the Code.

[5] The Tribunal does not have a general power to evaluate employment relationships or dismissals, but hears applications that allege violations of the Code.

[6] 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.

[7] The Code also provides that a person has a right to equal treatment with respect to membership in any trade union, trade or occupational association or self-governing profession and prohibits discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.

[8] Under s.8, every person has a right to claim and enforce his or her rights under the Code to institute and participate in proceedings under the Code and to refuse to infringe a right of another person under the Code, without reprisal or threat of reprisal for so doing.

[9] In view of the material before it, the Tribunal requests the applicant’s submissions on the issue of its jurisdiction to hear his Application. The applicant should explain how his Application raises matters which the Tribunal has the power to decide. The applicant’s submissions should be filed with the Tribunal within 30 days of receiving this decision.

[10] The Application has not yet been delivered to the respondents. Following receipt of the applicant’s submissions, the Tribunal will consider how to proceed with the Application.

[11] The 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 him. The website address and the Registrar’s contact information are set out on the cover page of this decision.

Dated at Toronto, this 6th day of October, 2008.

___________________________________

Jay Sengupta

Vice Chair