Kevin Kunkel v. Monty Bourke and Nancy Pearson, 2009 HRTO 946

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kevin Kunkel

Applicant

-and-

Monty Bourke and Nancy Pearson

Respondents

DECISION

Adjudicator: Brian Cook

Date: July 2, 2009

Citation: 2009 HRTO 946

Indexed as: Kunkel v. Bourke

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on June 13, 2009, alleging discrimination in employment. It appeared to the Tribunal that the respondents were employees of a federal government department or service and that the Tribunal may not have jurisdiction to deal with the Application. The Tribunal issued a Notice of Intent to Dismiss, which invited the applicant to make submissions. The applicant’s submissions have now been received and reviewed.

2The Application relates to the applicant’s employment in a federal penitentiary. The applicant notes that he did not name his employer as a respondent, and only named two individuals, who are also employees of the federal penitentiary. The applicant submits that since he has named only the two personal respondents, and not their mutual employer, the Application should proceed.

3Since the employer is federally regulated, allegations arising out of the employment relationship between its employees, including the applicant and the personal respondents, are also subject to federal regulation.

4Therefore, the subject matter of the Application falls exclusively under federal jurisdiction, and in particular, within the exclusive jurisdiction of the Canadian Human Rights Commission. Accordingly, the Application is dismissed pursuant to Rule 13.1 of the Tribunal’s Rules of Procedure.