Human Rights Tribunal of Ontario
B E T W E E N:
Marie Harrison
Applicant
-and-
1262510 Ontario Inc. c.o.b. as Price Chopper Grocery Store
and Cheryl Collister
Respondents
DECISION
Adjudicator: Alison Renton
Indexed as: Harrison v. Price Chopper
1This is an Application filed on July 23, 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 her in the area of employment. The applicant sets out a number of situations in which she feels that she was treated unfairly by the respondents.
2The Tribunal issued a Notice of Intent to Dismiss (“NOID”) dated September 1, 2009 and requested that the applicant provide written submissions explaining why the Application is within the Tribunal’s jurisdiction and should be decided by the Tribunal. The applicant’s submissions were to be filed by October 1, 2009, but none were filed by that date. Tribunal staff contacted the applicant on October 7, 2009. The applicant advised that she did not receive the Tribunal’s NOID and requested that the NOID be e-mailed to her e-mail address. The Tribunal e-mailed the NOID to the applicant on October 7, 2009 and requested that she file her submissions by November 6, 2009. The applicant did not file any written submissions and the time for doing so has now passed.
3Section 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.
4The Application does not allege any facts which come within the scope of section 8. The applicant does not allege that she attempted to claim or enforce her rights under the Code, that she instituted or participated in proceedings under the Code or that she refused to infringe the right of another person under the Code.
5The 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 unless affected by a ground in the Code.
6The applicant has not provided a basis for her claim of reprisal that comes within the meaning of the Code, nor has she set out any other ground of discrimination or basis upon which she alleges the Code was violated. Accordingly, the Tribunal has no jurisdiction over this Application.
7The Application is dismissed.
Dated at Toronto, this 24th day of November, 2009.
“Signed By”
Alison Renton
Vice-chair
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