Pina Buono v. Catholic District School Board of Eastern Ontario, 2009 HRTO 492

Human Rights Tribunal of Ontario

Between:

Pina Buono Applicant

-and-

Catholic District School Board of Eastern Ontario Respondent

Decision

Adjudicator: Judith Keene Date: April 24, 2009 Citation: 2009 HRTO 492 Indexed as: Buono v. Catholic District School Board of Eastern Ontario

1This is a Decision in respect of an Application filed on November 4, 2008, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), alleging reprisal in the area of employment.

2In an Interim Decision, 2009 HRTO 346, the Tribunal requested written submissions from the applicant to address the issue of whether or not the Tribunal has jurisdiction to hear this Application. The Tribunal asked the applicant to explain how her Application raises matters which the Tribunal has the power to decide.

3The Application alleges that the removal of her name from a supply teachers' roster was a reprisal against the applicant for the purposes of s. 8 of the Code. However, the Application does not explain how any of the events described in the Application are linked to attempts to claim or enforce rights under the Code. Moreover, the applicant did not identify any other ground of discrimination or basis upon which she alleged that the Code was violated.

4In her response to the Interim Decision, the applicant states that the decision she disputes was harsh and one-sided, and did not allow her the opportunity to make amends. She maintains that the decision was based on second-hand information, and that she feels that her dignity, honour and reputation were attacked. She also feels that her union should have made more effort to obtain a better resolution of the incident that gave rise to her Application.

5The Tribunal's jurisdiction is based on the Code, which prohibits discrimination in the areas of accommodation, services, goods and facilities, and employment on the basis of grounds listed in the Code. In employment, those grounds are race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status and disability. Clearly the applicant feels that she has been treated unfairly, but she does not allege that the decision she disputes was taken because of an attempt on her part "to claim and enforce his or her rights under this Act". The Tribunal does not have a general power to inquire into claims of unfairness outside the areas and grounds listed in the Code.

6I find that the Application does not raise matters which the Tribunal has the power to decide. Accordingly, I dismiss the Application.