Marilynn Monnier v. St. Joseph’s Lifecare Centre, 2009 HRTO 350

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marilynn Monnier

Applicant

-and-

St. Joseph’s Lifecare Centre, Louise VanKruistum and Alice Curtis

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: March 25, 2009

Citation: 2009 HRTO 350

Indexed as: Monnier v. St. Joseph’s Lifecare Centre

1This Interim Decision deals with the respondents’ request that this Application be dismissed because it is outside the jurisdiction of the Tribunal. The Tribunal agrees that the issue of jurisdiction should be addressed at the outset and asks that the applicant provide written submissions on this issue as set out below.

2In her Application, the applicant alleges discrimination in employment on the basis of reprisal or threat of reprisal by the respondents. She does not name any other ground and when asked specific questions about the other grounds in Form 1A denies that they are applicable. She does, however, say she was subject to workplace harassment.

3It is clear from the applicant’s detailed recitation of the alleged facts that she feels she was subject to unfair criticisms of her work and other harassing behaviour by one of the registered nurses who supervised her work. However, she does not link this harassment to a prohibited ground of discrimination under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

4The Tribunal does not have a general power to evaluate employment relationships or dismissals, but hears only applications that allege violations of the Code. That is, the Tribunal cannot determine claims of harassment that are not linked to one of the enumerated grounds.

5The applicant further asserts that when she complained to the Director of Care, the harassment did not stop and, ultimately, her employment with St. Joseph’s Lifecare Centre was terminated before she completed her probationary period. It would appear that these allegations form the foundation of her reprisal allegation.

6Section 8 of the Code, which prohibits reprisals or threat of reprisals, 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.

7A reprisal application that is within the jurisdiction of the Tribunal is one in which the applicant alleges that of one of the following was a factor in the respondent’s actions:

• 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.

8In her narrative the applicant does not allege that her ongoing complaints about the supervisor’s treatment of her amounted to, directly or indirectly, claiming or enforcing a right under the Code.

9The Tribunal requests written submissions from the applicant to address how her Application raises matters which the Tribunal has the power to decide. Specifically, the applicant is directed to answer the following questions:

a. Is the conduct set out in the Application harassment prohibited by the Code and if so, on what ground?

b. Is she alleging that the reprisal alleged in her Application was, in part or in whole, the result of her claiming or enforcing a right under the Code? If so, what right under the Code was she claiming or enforcing?

10The applicant’s submissions should be delivered to the respondent and filed with the Tribunal by April 8, 2009. The respondent is not required to file any submissions on this point unless directed to do so by the Tribunal.

11Following 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 it to dismiss all or part of an application that is outside its jurisdiction.

12The applicant may wish to consult the Applicant’s Guide, available on the Tribunal’s website or from the Registrar’s office. Pages 2 – 3 of the Guide set out sources of assistance that may be available to her.

13I am not seized of this matter.