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: November 17, 2008

Citation: 2008 HRTO 272

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] On October 6, 2008, the Tribunal issued an Interim Decision ordering the applicant to file submissions on the issue of the Tribunal’s jurisdiction to hear his Application. In particular, the Tribunal sought clarification about the applicant’s allegation that he had been subject to reprisal under the Code and asked the applicant to explain how the reprisal was linked to attempts on his part to claim or enforce rights under the Code.

[3] The Tribunal has received the applicant‘s submissions. He alleges that he suffered discrimination in employment as a result of his gender and his membership in a union. In particular, he states that he was not provided an opportunity to present his own case when accused of harassing a fellow employee and that the co-worker was able to present their case. He attributes the differential treatment to his gender and membership in a union. He also alleges that the subsequent reprisal was connected to his attempts to enforce his rights under the Code.

[4] It is not plain and obvious on the face of this Application that the matter is outside the Tribunal’s jurisdiction. Accordingly, the Tribunal will continue to deal with the Application.

[5] This is not a final decision regarding the Tribunal’s jurisdiction in respect of this Application. I am not seized of this matter.

Dated at Toronto, this 17th day of November, 2008.

“Signed By”

___________________________________

Jay Sengupta

Vice Chair