Williamson-Bynoe v. Hanrahan Youth Services, 2009 HRTO 484

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Williamson-Bynoe

Applicant

-and-

Hanrahan Youth Services Inc. and Edward Barron

Respondents

INTERIM DECISION

Adjudicator: Alan Whyte

Date: April 22, 2009

Citation: 2009 HRTO 484

Indexed as: Williamson-Bynoe v. Hanrahan Youth Services

1In this Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), the applicant alleges that the respondents engaged in reprisal against him in the area of employment.

2The applicant alleges that during the Christmas 2008 period another staff member, acting on the authority of the respondent Barron, demanded he contact all staff for a certain purpose on a day when the applicant was on vacation. The applicant refused to perform work during his vacation and was warned by the respondent that if he did not attend at work for more than three days, he would be deemed to have abandoned his employment. Ultimately, the applicant was terminated by the corporate respondent.

3Section 8 of the Code provides 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.

4On its face, the Application does not allege any facts which would come within the scope of section 8. The applicant does not allege that he attempted to claim or enforce his rights under the Code, that he instituted or participated in proceedings under the Code or that he refused to infringe the right of another person under the Code.

5The Tribunal's jurisdiction is based on the Code, which prohibits discrimination in employment on the basis of protected grounds listed in the Code. It does not have a general power to inquire into employment relationships and difficulties that may occur in those relationships.

6The applicant is therefore required to deliver submissions to the respondent and file with the Tribunal setting out precisely the manner in which it is alleged that the respondents engaged in reprisal(s) against the applicant, contrary to section 8 of the Code. Such submissions must be delivered and filed by no later than May 1, 2009. The respondents may deliver to the applicant and file with the Tribunal any reply submissions by no later than May 8, 2009.

7I am not seized of this matter.