Johnston v. Andrew Peller, 2009 HRTO 1808

Human Rights Tribunal of Ontario

B E T W E E N:

Lynne Johnston

Applicant

-and-

Andrew Peller Ltd. and Monique Cooke

Respondents

DECISION

Adjudicator: Faisal Bhabha Date: October 30, 2009 Citation: 2009 HRTO 1808 Indexed as: Johnston v. Andrew Peller

1This is an Application filed on July 21, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code").

2The Application alleges discrimination, harassment and reprisal in the workplace. The applicant checked of the box indicating "record of offences" as the ground of discrimination. However, she failed to plead any facts whatsoever about her record of offences, if any, and the applicability of that ground to the facts of her case.

3On August 27, 2009, the Tribunal issued a Notice of Intent to Dismiss the Application on the basis that it appears not to fall within a ground or area of discrimination covered by the Code. The Notice cited the applicant's failure to make allegations against the respondents that are related to discrimination on the basis of a record of offences. The Application was not served on the respondents, and the applicant was given 30 days to file submissions addressing the issue of the Tribunal's jurisdiction to proceed with the Application. No submissions were received.

4On reviewing the allegations contained in the Application, it is clear that the applicant is raising issues she believes illustrate a situation of workplace disharmony and unfairness. It is not however clear how these allegations are at all related to the Code, beyond the fact that the applicant checked off the "record of offences" box. She does not allege to be a person who fits within the Code's definition of "record of offences"—that being a person convicted and pardoned of a criminal offence, or convicted of a provincial offence. Moreover, she does not allege whether or how her record of offences, if any, was connected to the employer's conduct, which she alleges amounted to discrimination, harassment and reprisal.

5It is evident on the basis of the foregoing that the Application fails to make allegations that the Tribunal has jurisdiction to deal with. The Application is accordingly dismissed.