Jeffery Kraft v. CanPages Inc., 2009 HRTO 2138

Human Rights Tribunal of Ontario

B E T W E E N:

Jeffery Kraft Applicant

-and-

CanPages Inc. Respondent

DECISION

Adjudicator: Alan Whyte Date: December 9, 2009 Citation: 2009 HRTO 2138 Indexed as: Kraft v. CanPages

1In this Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”), the applicant alleges reprisal arising from his employment with the respondent.

2The applicant’s complaint arises mainly out of the fact that he was not selected for a position with the respondent which took over the business of the applicant's former employer which went bankrupt. As the narrative in support of the Application did not explain the alleged reprisal under the Code, the Registrar sent a Notice of Intent to Dismiss to the applicant on November 2, 2009, indicating that the Application appears to be outside the Tribunal's jurisdiction, and providing an opportunity to the applicant to provide written submissions explaining why he believes that the Application is within the Tribunal's power to decide.

3The applicant provided such submissions which indicate that he believes that his manager was directed by the president of the respondent to not hire two employees, including himself, under the guise of "organizational structuring". However, once again, the applicant’s submissions do not contain facts which would, if proven, amount to reprisal under the provisions of the Code.

4Section 8 of the Code states:

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.

5The applicant has not alleged in the Application nor has he explained how the respondent’s behaviour was in response to any of the following:

• Claiming or enforcing a right under the Code;
• Instituting or participating in proceedings under the Code; or
• Refusing to infringe the right of another person.

6The Tribunal's jurisdiction is based exclusively on the provisions of the Code. The Tribunal does not have a general power to evaluate employment relationships or dismissals, but hears only applications that allege violations of the Code.

7The applicant has not alleged any facts which would constitute a reprisal or threat of reprisal, or which would otherwise demonstrate a violation of the Code. Accordingly, the Application is dismissed as being outside of the Tribunal's jurisdiction, pursuant to rule 13.1 of the Tribunal's Rules.