Mark Reid v. Torbram Electric Supply Corporation, 2009 HRTO 195

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mark Reid

Applicant

-and-

Torbram Electric Supply Corporation

Respondent

DECISION

Adjudicator: Alison Renton

Date: February 24, 2009

Citation: 2009 HRTO 195

Indexed as: Reid v. Torbram Electric Supply

1The applicant filed his Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), dated November 11, 2008 as a result of his dismissal from employment. The applicant only marked “record of offences” as the alleged ground of discrimination on his Application form. For the reasons that follow, the Tribunal dismisses the Application as it does not have jurisdiction over the matters raised in the Application.

2In its earlier Interim Decision, 2009 HRTO 74, the Tribunal identified a threshold jurisdictional issue and directed the applicant to provide written submissions explaining whether he had a “record of offences” within the meaning of the Code. The Interim Decision referred the applicant to the Applicant’s Guide and advised that the Tribunal may consider whether the Application should be dismissed under Rule 13.1 of the Tribunal’s Rules of Procedure, which permits it to dismiss all or part of an application that is outside its jurisdiction.

3It has now been more than 10 days since the date the applicant’s written submissions were due and the Tribunal has not received any submissions from the applicant in response to the Interim Decision.

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 employment relationships or dismissals which are not covered by the Code.

5Section 10(1) of the Code defines “record of offences” as a conviction for:

(a) An offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked; or

(b) An offence in respect of any provincial enactment.

6The applicant’s narrative does not allege that the respondents discriminated against him on the basis of record of offences. In response to the questions asked on Form 1-A specific to employment discrimination applications, the applicant answered “no” to the questions “Do you believe you were discriminated against because of your record of offences under a federal law (Criminal Code offence)?” and “Do you believe you were harassed or discriminated against because of your record of offences under provincial law (such as the Highway Traffic Act)?”.

7The applicant alleges that after he took a medical leave of absence, he was told by the respondent that his services were no longer required and his Record of Employment indicated that he quit. He does not allege he was terminated because of the medical leave, that the medical leave was a factor in his dismissal, that the medical leave constituted a disability under the Code or that he was discriminated against on the basis of disability.

8I find that the Application does not raise matters which the Tribunal has the power to decide. Accordingly, I dismiss the Application.