Jeffrey Bate v. Trench Ltd. and Caroline East, 2009 HRTO 2152

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jeffrey Bate Applicant

-and-

Trench Ltd. and Caroline East Respondents

DECISION

Adjudicator: Alan Whyte Date: December 11, 2009 Citation: 2009 HRTO 2152 Indexed as: Bate v. Trench

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (“the Code”), in which the applicant alleges reprisal in employment.

2On September 23, 2009, the Tribunal provided the applicant with a Notice of Intent to Dismiss which indicated that the Application did not allege any ground or area of discrimination under the Code and therefore did not appear to raise an issue that the Tribunal can resolve. The applicant was afforded 30 days from September 23, 2009, to make submissions to the Tribunal as to how the Application was within the Tribunal's jurisdiction, failing which the Tribunal would determine the issue based on the Application only.

3The applicant has not filed any submissions in response and therefore the Tribunal will proceed on the basis of the information contained in the Application only.

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.

6The applicant has not alleged in the Application nor has he explained how the respondents’ conduct 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.

7The Tribunal's jurisdiction is exclusively based 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.

8The 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.