Patani v. Pathway Communications Inc., 2009 HRTO 822

Human Rights Tribunal of Ontario

Between:

Bhupeshkumar Patani

Applicant

-and-

Pathway Communications Inc., Nandan Atre and Vasanth Nayak

Respondents

Interim decision

Adjudicator: Michelle Flaherty Date: June 10, 2009 Citation: 2009 HRTO 822 Indexed as: Patani v. Pathway Communications

1The applicant filed an Application with the Tribunal pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on February 13, 2009. The applicant alleges discrimination in the area of employment on the basis of reprisal or threat of reprisal.

2The respondents have filed a Response as well as a Request for an Order ("Request") in which they seek the dismissal of the Application because it does not identify how the respondents allegedly breached the Code or subjected the applicant to reprisal or threat of reprisal under the Code. The applicant filed a Response to the Request on June 1, 2009.

3Section 8 of the Code, which prohibits reprisals or threat of reprisals, states:

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.

4The applicant does not allege, in either the Application or his Response to the Request that the respondents' behaviour towards him was 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.

5Moreover, the applicant has identified no other ground of discrimination or basis upon which he alleges that the Code was violated. The Tribunal does not have a general power to evaluate employment relationships or dismissals, but hears only applications that allege violations of the Code.

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. The applicant's submissions should be delivered to the respondents and filed with the Tribunal within two weeks of the date of this Interim Decision.

7Following 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 Rules 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.

9I am not seized of this matter.