Stella Taylor v. Oraclepoll Research Ltd., 2009 HRTO 2089

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stella Taylor

Applicant

-and-

Oraclepoll Research Ltd.

Respondent

DECISION

Adjudicator: Sherry Liang

Date: December 3, 2009

Citation: 2009 HRTO 2089

Indexed as: Taylor v. Oraclepoll Research

1This is an Application filed on July 12, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

2The applicant alleges that she was interviewed and offered a position with the respondent. She states that during her initial training session, she was not permitted to continue because her French language skills were said to be inadequate.

3The Tribunal does not have a general power to inquire into all claims of unfair treatment. Its jurisdiction is based on the provisions of the Code, which prohibits discrimination in employment on the grounds of, among other things, disability. Although on the Application form the applicant has checked off “disability” as the ground of discrimination, she does not allege that she is disabled within the meaning of the Code. Having inadequate, or being perceived as having inadequate, French language skills is not a “disability” within the meaning of the Code.

4By Interim Decision dated October 13, 2009, 2009 HRTO 1653, 2009 HRTO1653, the Tribunal requested the applicant’s submissions on why her claim against the respondent is in the Tribunal’s jurisdiction and should be decided by the Tribunal.

5The applicant has provided no submissions, despite having been given the opportunity to do so.

6On the basis of the material before me, I find that the Application does not raise matters which the Tribunal has the power to decide. Accordingly, the Application is dismissed.