Janet Jarrett v. UNITE HERE Local 75, 2009 HRTO 2242

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Janet Jarrett

Applicant

-and-

UNITE HERE Local 75

Respondent

DECISION

Adjudicator: Alan Whyte

Date: December 21, 2009

Citation: 2009 HRTO 2242

Indexed as: Jarrett v. UNITE HERE

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 did not identify an area of discrimination in her Application but indicated that the issue arose out of her employment.

2On September 2, 2009, the Tribunal forwarded to the applicant 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 2, 2009 to make submissions to the Tribunal as to how the Application was within the Tribunal's jurisdiction and was advised that a failure to make such submissions would result in the case being decided on the information in 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.

4The 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.

5The applicant’s narrative in the Application is only in relation to her employer, not the respondent union. In addition, the applicant has not identified any ground under the Code which she relies on to support her Application. Accordingly, the Application is dismissed as being outside of the Tribunal's jurisdiction, pursuant to rule 13.1 of the Tribunal's Rules.