Pina Buono v. Catholic District School Board of Eastern Ontario, 2009 HRTO 346

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pina Buono

Applicant

-and-

Catholic District School Board of Eastern Ontario

Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: March 24, 2009

Citation: 2009 HRTO 346

Indexed as: Buono v. Catholic District School Board of Eastern Ontario

1The applicant filed an Application on November 4, 2008, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging reprisal in the area of employment. The Application names “Mother Teresa Catholic Elementary School” as a respondent. In its Response, the respondent indicates that its full legal name is “Catholic District School Board of Eastern Ontario”. Accordingly, the style of cause is amended to reflect the proper name of the respondent.

2In its Response, the respondent submits that the Application is without merit as there are no grounds of discrimination identified and the applicant has not identified a right under the Code which she sought to enforce or exercise and for which the respondent allegedly reprised against. The respondent also submits that the Application is more appropriately dealt with under the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A, and that the Application should not be allowed because of delay.

3On January 16, 2009, the applicant’s union, the Ontario English Catholic Teachers’ Association (the “union”), filed a Request to Intervene. In its Request, the union indicates that it takes no position on the merits of the Application but wishes to address any factual or legal issue pertaining to its representation of the applicant or any remedy ordered by the Tribunal. The parties did not respond to the union’s Request.

4The material before the Tribunal raises an issue of whether the Tribunal has any jurisdiction over the matters in the Application. The Application alleges that the applicant was reprised against when her name was removed from a supply teachers’ roster. However, the applicant does not explain how any of the events in the Application are in any way linked to attempts to claim or enforce rights under the Code. Moreover, the applicant has not identified any other ground of discrimination or basis upon which she alleges that the Code was violated.

5The Tribunal does not have a general power to deal with disputes related to employment, but hears applications that allege violations of the Code. Section 5(1) of the Code prohibits discrimination with respect to employment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, and disability.

6Section 8 of the Code prohibits reprisals 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.

7The Tribunal requests written submissions from the applicant to address the issue of whether or not the Tribunal has jurisdiction to hear this Application. The applicant should explain how her Application raises matters which the Tribunal has the power to decide. The respondent is not required to file any submissions unless directed to do so by the Tribunal.

8The applicant’s submissions should be delivered to the respondent and the union and filed with the Tribunal by April 14, 2009. Following receipt of the submissions, or if the applicant does not provide submissions by the date set, the Tribunal may consider whether the Application should be dismissed under Rule 13.1 of the Tribunal’s Rules of Procedure, which permits the Tribunal to dismiss all or part of an application that is outside its jurisdiction.

9At this stage of the process, the Tribunal does not find it necessary to consider the union’s Request to Intervene and the preliminary issues raised by the respondent, set out above. A copy of this Interim Decision will be provided to the union.

10The Tribunal draws the applicant’s attention to the Applicant’s Guide, available on the Tribunal’s website at www.hrto.ca or from the Registrar’s office. The Guide, at pages 2 – 3, provides a list of resources available to applicants appearing before the Tribunal.

11I am not seized of this matter.