Andrew Burgoyne v. Alex Joannides, 2009 HRTO 945

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrew Burgoyne Applicant

• and -

Alex Joannides Respondent

decision

Adjudicator: Ena Chadha Date: July 2, 2009 Citation: 2009 HRTO 945 Indexed as: Burgoyne v. Joannides

1This is an Application filed on April 9, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”) alleging reprisal in employment.

2The respondent is the applicant’s former employer. The applicant appears to suggest that he experienced reprisal for raising concerns regarding workload issues and the respondent’s alleged unfair treatment.

3On May 19, 2009, the Tribunal issued a Notice of Intent to Dismiss the Application because the Application did not appear to raise matters which the Tribunal has the power to decide. The Tribunal invited the applicant to file submissions on or before June 18, 2009 explaining how the respondent’s conduct related to the applicant claiming or enforcing his rights under the Code. No submissions were received from the applicant regarding this matter.

4The Tribunal’s jurisdiction is based on the Code, which prohibits discrimination in specific areas (for example, accommodation, services, goods and facilities, and employment) on the basis of specific grounds listed in the Code (for example, disability, gender and race, etc.). Section 8 of the Code prohibits reprisals as follows:

5Every 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.

6Clearly the applicant feels that he has been treated unfairly, but he does not allege that the mistreatment occurred because of an attempt on his 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. The applicant has not identified any ground of discrimination or basis upon which he alleges that the Code was violated.

7The Tribunal does not have a general power to evaluate employment relationships or dismissals, but hears only applications that allege violations of the Code. Accordingly, the Tribunal has no jurisdiction over this Application and this Application is dismissed.