Gilmar Rossetto v. Shabir Hamir, 2010 HRTO 1021

Human Rights Tribunal of Ontario

B E T W E E N:

Gilmar Rossetto

Applicant

-and-

Shabir Hamir

Respondent

DECISION

Adjudicator: Faisal Bhabha

Date: May 6, 2010

Citation: 2010 HRTO 1021

Indexed as: Rossetto v. Hamir

1This is an Application filed December 14, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code"). The applicant alleges discrimination and reprisal in employment. He does not allege a ground of discrimination.

2The Application has not been delivered to the respondent. On March 31, 2010, the Registrar wrote to the applicant seeking clarification on the ground of discrimination being alleged, and directed the applicant to file submissions explaining how the matter is within the jurisdiction of the Tribunal.

3In submissions filed on April 12, 2010, the applicant states that he was subjected to "discrimination, harassment and verbal offense [sic]… with the clear intent of diminishing me in front of others. That is ground for my application."

4The Application describes an incident that occurred on December 10, 2009 when he alleges that the respondent, a co-worker, swore at him and offended him.

5The Tribunal does not have the power to deal with general allegations of unfairness or harassment. The Tribunal can only determine whether there has been discrimination on a ground specified in the Code.

6In employment, section 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.

7Under section 8, every person has a right to claim and enforce his or her rights under the Code to institute and participate in proceedings under the Code and to refuse to infringe a right of another person under the Code, without reprisal or threat of reprisal for so doing.

8While it is clear that the applicant has an issue with one of his co-workers, he has not provided any information concerning discrimination on the basis of a prohibited ground, or any information linking the alleged reprisal to attempts on his part to enforce his rights under the Code.

9The Tribunal finds that the Application does not raise matters which the Tribunal has the power to decide. Accordingly, the Application is dismissed.