Stack v. Greater Sudbury Hydro Plus, 2009 HRTO 1459

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gordon Stack

Applicant

-and-

Greater Sudbury Hydro Plus Inc., Brian McMillan, Gary Lavallie,

and Henri Robillard

Respondents

DECISION

Adjudicator: Alison Renton

Date: September 11, 2009

Citation: 2009 HRTO 1459

Indexed as: Stack v. Greater Sudbury Hydro Plus

1This is an Application filed on April 17, 2009 under section 34 of the Human Rights Code, R.S.O. 1990. c. H.19, as amended (the “Code”). The applicant alleges that the respondents engaged in reprisal against him in the area of employment. The applicant provided a 25-page chronology and narrative as part of his Application in which he states he raised various health and safety concerns, disputed discipline that had been issued to him and identified a number of concerns he has with different members of management and their management style. His Application appears to be based on an assertion that the discipline imposed on him was harassment and a reprisal for raising health and safety and management style concerns.

1In its earlier Interim Decision, 2009 HRTO 1276, the Tribunal identified a threshold jurisdictional issue and directed the applicant to provide written submissions setting out the manner in which he alleged that the respondents engaged in reprisal against him. The applicant filed his submissions on August 25, 2009 and the respondents filed their submissions on August 31, 2009.

2Section 8 of the Code provides as follows:

Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing.

3The Application does not allege any facts which come within the scope of section 8. The applicant does not allege that he attempted to claim or enforce his rights under the Code, that he instituted or participated in proceedings under the Code or that he refused to infringe the right of another person under the Code.

4The Tribunal’s power to hear and determine human rights applications is based upon the Code which, among other things, prohibits discrimination and harassment with respect to employment on the basis of the grounds set out in the Code. The Tribunal does not have a general power to evaluate health and safety matters or employment relationships unless affected by a ground in the Code.

5The applicant has not provided a basis for his claim of reprisal that comes within the meaning of the Code, nor has he set out any other ground of discrimination or basis upon which he alleges the Code was violated. Accordingly, the Tribunal has no jurisdiction over this Application.

6The Application is dismissed.