Jason Thomas v. Siemens Canada Limited et al., 2009 HRTO 1780

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jason Thomas Applicant

-and-

Siemens Canada Limited, Don Wilson, Valerie Pawlick, Tyler Soldan, Mark Breau, Brett Matthieson, Bill Hughes, Mason Shipka, Ian Tang, Se Jin Park, Hetal Joshi, Artur Palowski, Sathiy Satkunanatharajan and Vasasantharoopan Balasingham Respondents

INTERIM DECISION

Adjudicator: Jay Sengupta Date: October 27, 2009 Citation: 2009 HRTO 1780 Indexed as: Thomas v. Siemens Canada

Background

1This is an Application filed on June 4, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The Application alleges reprisal as well as discrimination and harassment in the area of employment on the basis of race, colour, creed, sex, sexual harassment, sexual orientation, family status and marital status.

2The applicant alleges that he was employed by the corporate respondent as a service technician working out of the office located in Brampton, Ontario. He suggests that service work was performed throughout Canada and internationally. The events leading to the filing of the application appear to have taken place during training events held in Edmonton, Alberta.

3The respondents have filed a Request for an Order pursuant to Rule 19 of the Tribunal's Rules of Procedure, asking that the Application be dismissed on the basis that the Tribunal lacks jurisdiction to hear the matters raised by the application as the events leading to the filing of the Application are alleged to have taken place outside Ontario.

4The applicant has not filed a Form 11 responding to the Request for Order.

5Section 5 of the Code provides as follows:

5(1) Every person has a right to equal treatment with respect to employment without 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.

5(2) Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status or disability.

6The respondents are directed to provide written submissions by November 6, 2009 in support of their Request for Order. The applicant is directed to provide written submissions in response by November 20, 2009.

7The submissions should address the issue of whether events occurring at a training event held outside Ontario trigger the protection of s.5 of the Code and whether the definition of "workplace" extends to training events that take place outside of Ontario.

8The parties' submissions should also address the issue of the Tribunal's jurisdiction over this Application having regard to the factors outlined by the Tribunal in Cash v. Stryker Canada, 2009 HRTO 1738.

9After receiving these submissions, the Tribunal will determine how to proceed with this Application, including whether to hear oral submissions of the parties on any of these issues.

10The 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. Tribunal decisions are available on the website at http://www.canlii.org/en/on/onhrt.

11I am not seized of this matter.