Cathy Jean Bisbee v. The Hudson’s Bay Trading Company o/a Home Outfitters and Natalie Hughes, 2009 HRTO 1284

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Cathy Jean Bisbee Applicant

-and-

The Hudson’s Bay Trading Company o/a Home Outfitters and Natalie Hughes Respondents

DECISION

Adjudicator: Eric Whist Date: August 19, 2009 Citation: 2009 HRTO 1284 Indexed as: Bisbee v. The Hudson’s Bay Trading Company

1This is a Decision in respect of an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging reprisal in the area of employment.

2On July 10, 2009, the Tribunal wrote to the applicant to state that it appeared that her Application fell outside the Tribunal’s jurisdiction. The applicant was invited to review the provisions of the Code and provide submissions explaining why the applicant believed the Application was within the Tribunal’s jurisdiction. The deadline for submissions was August 10, 2009. To date the Tribunal has received no submissions from the applicant.

3The Tribunal’s jurisdiction is based on the Code, which prohibits discrimination in the areas of accommodation, services, goods and facilities, and employment on the basis of grounds listed in the Code. In employment, those grounds are race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status and disability.

4In her Application the applicant provides a detailed account of the alleged facts of her employment history that she believes shows that her store manager treated her unfairly. However, she does not link this treatment to a prohibited ground of discrimination under the Code.

5In her Application, the applicant does allege discrimination in employment on the basis of reprisal or threat of reprisal by the respondents. A reprisal application that is within the jurisdiction of the Tribunal is one in which the applicant alleges that the respondent’s actions are related to the applicant claiming or enforcing a right under the Code, instituting or participating in proceedings under the Code; or refusing to infringe the right of another person. However, as noted, the applicant has not identified how the treatment she received was related to a ground under the Code.

6The Tribunal does not have a general power to inquire into claims of unfairness outside the areas and grounds listed in the Code. Accordingly, I dismiss the Application.