Andrzej Wrotek v. Rogers Inc. and Kevin Pennington, 2009 HRTO 732

Human Rights Tribunal of Ontario

BETWEEN:

Andrzej Wrotek Applicant

-and-

Rogers Inc. and Kevin Pennington Respondents

AND BETWEEN:

Andrzej Wrotek Applicant

-and-

Rogers Inc. and Kevin Pennington Respondents

INTERIM DECISION

Adjudicator: Sherry Liang Date: June 1, 2009 Citation: 2009 HRTO 732 Indexed as: Wrotek v. Rogers

1These matters are Applications filed on January 7 and March 4, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). In the first, the applicant alleges discrimination in employment on the grounds of disability. In the second, the applicant alleges that his termination from employment on January 14, 2009 was a reprisal for filing his earlier Application. The Tribunal finds it appropriate to deal with the Applications together.

2The January 7 Application has been sent to the respondents, who have not responded by filing a Form 2 Response, or otherwise. The March 4 Application has not yet been sent to the respondents by the Tribunal.

3On review of the material in the file, the Tribunal determines that there is an issue about whether these Applications are in its jurisdiction. The respondent Rogers Inc. may be a federally-regulated business to which the Canadian Human Rights Act, R.S.C. 1985, c. H-6 and not the Code, applies. If the Canadian Human Rights Act applies, then the Tribunal has no jurisdiction over these Applications.

4The Tribunal will deliver the March 4 Application to the respondents, who are not required to file a Response at this time. Further, the requirement to file a Response to the January 7 Application is waived pending further direction from the Tribunal.

5The Tribunal finds it appropriate to request further information and submissions on the issue of its jurisdiction. The applicant must explain to the Tribunal why he believes these Applications are within the Tribunal’s jurisdiction. He must file these submissions in writing, with copies to the respondents. These submissions must be received by Monday, June 8, 2009. The respondents have until Monday, July 6, 2009 to respond to those submissions.

6Following receipt of the submissions, the Tribunal will decide whether to dismiss or proceed with the Applications.

7The applicant may wish to consult the Applicant’s Guide, available on the Tribunal’s website, www.hrto.ca, or from the Registrar’s office. Pages 2-3 of the Guide set out sources of assistance that may be available to him.