Reid v. Torbram Electric Supply Corporation, 2009 HRTO 74

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mark Reid

Applicant

-and-

Torbram Electric Supply Corporation

Respondent

INTERIM DECISION

Adjudicator: Alison Renton Date: January 21, 2009 Citation: 2009 HRTO 74 Indexed as: Reid v. Torbram Electric Supply Corporation

1The applicant filed this Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), dated November 11, 2008 as a result of his dismissal from employment.

2The applicant marks “record of offences” as the alleged ground of discrimination in his application form. On the Form 1-A, which asks specific questions for employment discrimination applications, the applicant answered “no” to the questions “Do you believe you were discriminated against because of your record of offences under a federal law (Criminal Code offence)?” and “Do you believe you were harassed or discriminated against because of your record of offences under provincial law (such as the Highway Traffic Act)?”.

3The applicant’s narrative does not appear to allege that the respondents discriminated against him on the basis of record of offences. He alleges that, after he took a medical leave of absence, he was told by the respondent that his services were no longer required and his Record of Employment indicated that he quit. He does not allege that he was terminated because of the medical leave, that the medical leave was a factor in his dismissal, that the medical leave constituted a disability under the Code or that he was discriminated against on the basis of disability.

4The Tribunal does not have a general power to evaluate employment relationships or dismissals, but hears applications that allege violations of the Code. In employment, s.5(1) of the Code prohibits discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability. Section 10(1) defines record of offences as a conviction for:

(a) An offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked; or

(b) An offence in respect of any provincial enactment.

5The applicant states that he does not believe he was harassed or discriminated against as a result of a conviction for either offence, and therefore the Application does not, in fact, allege discrimination on the basis of record of offences as defined in the Code. The applicant has identified no other alleged ground of discrimination or basis upon which he says that the Code was violated.

6The Tribunal requests written submissions from the applicant to address the issue of its jurisdiction to hear the Application. The applicant should explain how his Application raises matters which the Tribunal has the power to decide. The respondents are not required to file any submissions on this point unless directed to do so by the Tribunal.

7The applicant’s submissions should be delivered to the respondents and filed with the Tribunal by February 4, 2009. Following 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 Rule of Procedure, which permits it to dismiss all or part of an application that is outside its jurisdiction.

8The 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 him. I am not seized of this matter.