Monica Bruce v. The Home Depot, 2010 HRTO 1111

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Monica Bruce

Applicant

-and-

The Home Depot

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: May 19, 2010

Citation: 2010 HRTO 1111

Indexed as: Bruce v. Home Depot

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The Application alleges reprisal or threat of reprisal in the context of employment.

2In essence, the applicant alleges that she was not treated with dignity and respect and that she worked in a hostile environment, where others were given preferential treatment. She also alleges that she was unfairly dismissed. The applicant does not, however, identify a Code-related basis for the alleged mistreatment. In other words, she states that she was bullied and harassed, but does not state that this alleged behaviour engaged a ground prohibited in the Code (for example, race, sex, or sexual orientation).

3On March 4, 2010 the Tribunal issued a Notice of Intent to Dismiss advising the applicant that the Application did not seem to identify a ground or area of discrimination within the meaning of the Code. The Tribunal wrote that, while the applicant alleges discrimination based on reprisal or threat of reprisal, she fails to explain how the respondent’s behaviour was related to 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 under the Code.

4The Tribunal invited the applicant to provide her written submissions on these issues to the Tribunal. The Tribunal advised the applicant that if she did not file written submissions, it would make its decision based on the information contained in the Application or may deem the Application abandoned.

5The applicant did not file submissions in response to the Notice and the time for doing so has elapsed. Accordingly, I have reviewed the Application and it forms the basis of this Decision.

6Under s. 8 of the Code, 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.

7Importantly, the Tribunal does not have a general power to inquire into claims of unfairness outside the areas and grounds listed in the Code. Although the applicant clearly feels that she has been treated unfairly, she does not allege that the mistreatment engages section 8 or any other provision of the Code.

8I find that the Application does not raise matters which the Tribunal has the power to decide. Accordingly, the Application is dismissed.