HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Trudie Grant

Applicant

• and-

Dura Automotive Systems (Canada), Ltd., Lois Dunlop, Brian Smart,

Mario Pignetilli and Brad Eidt

Respondents

case resolution conference decision

Adjudicator: Keith Brennenstuhl

Date: June 1, 2009

Citation: 2009 HRTO 727

Indexed as: Grant v. Dura Automotive Systems

APPEARANCES BY

Trudie Grant , Applicant ) Self-represented

Dura Automotive Systems (Canada), Ltd., ) Jeremy Hann, Counsel

Respondent )

Lois Dunlop, Brian Smart, )

Mario Pignetilli and Brad Eidt, ) Self-represented

Respondents )

[1] This is an Application filed September 3, 2008 under section 53(3) of the Human Rights Code, R.S.O, c. H. 19 as amended (the “Code”). The underlying human rights complaint was filed with the Ontario Human Rights Commission on August 25, 2006 and abandoned upon the filing of this Application with the Tribunal. The applicant alleges reprisal in employment.

[2] The Case Resolution Conference (CRC) was held on May 11 and 12, 2009 in accordance with the expectation, expressed in the Code and the Tribunal’s Rules, that section 53(3) applications proceed in a highly expeditious manner given they are often based on complaints, like this one, which are over a year old by the time they reach the Tribunal.

DECISION

[3] The Application is dismissed.

Background

[4] The corporate respondent (“Dura”) no longer does business in Canada. Prior to the autumn of 2007, when it shut down its operations in Ontario, Dura was engaged in the manufacture of automobile parts at its plant in Bracebridge, Ontario. Prior to its closure, the applicant worked on the production line at the Bracebridge plant. The personal respondents, save for Mario Pignetilli, held supervisory or management positions at the plant. Mr. Pignetilli was a bargaining unit employee and held the position of Employee Line Specialist.

[5] The essence of the claim is that Mr. Pignetilli used every method possible to demean and belittle the applicant and that the respondents did nothing to stop him. Additionally, the applicant claims that the personal respondents Brad Eidt and Brian Smart made inappropriate comments to her. The Application and original complaint were largely devoid of particulars to support these allegations.

ANALYSIS

[6] The applicant’s complaint was based on reprisal in employment contrary to section 8 of the Code. The Tribunal does not have a general power to deal with disputes related to employment, but hears Applications that allege violations of the Code.

[7] Section 8 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.

[8] The applicant did not provide any evidence that the respondents’ actions were in response to any of the following:

• 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.

[9] Moreover, the applicant identified no other ground of discrimination or basis upon which she alleges that the Code was violated. The applicant characterized Mr. Pignetilli’s conduct at work as “games” designed to make the applicant look bad. She failed to identify what these “games” might have been, how they allegedly affected her or how they were connected to the Code.

[10] For example, the applicant stated that on June 29, 2006 Mr. Pignetilli and his friends told her that he “wants his flowers back.” He had allegedly given her flowers five years earlier and the only person who knew about it was Dura’s chairman. The applicant was unable to explain how this alleged incident made her “look bad” in the workplace much less how it amounted to a breach of the Code. The other incidents were equally without merit or connection to the Code.

ORDER

[11] For these reasons the Application is dismissed.

Dated at Toronto, this 1^st day of June, 2009.

“Signed by”

Keith Brennenstuhl

Vice-chair