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Matthew Muccilli v. Swissport Canada Handling Inc., 2010 HRTO 1384 — HRTO | minicounsel | minicounsel

June 18, 2010

Matthew Muccilli v. Swissport Canada Handling Inc., 2010 HRTO 1384

Case Summary

The applicant filed an application alleging discrimination in employment on the basis of age and disability. The respondent requested the application be dismissed on the basis that it is a federally-regulated company providing services to airlines operating international and interprovincial flights. The Tribunal found that the respondent's operations fall within federal jurisdiction pursuant to section 92(10)(a) of the Constitution Act, 1867. The application was dismissed for lack of jurisdiction.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Matthew Muccilli

Applicant

-and-

Swissport Canada Handling Inc.

Respondent

DECISION

Adjudicator: Judith Keene

Date: June 18, 2010

Citation: 2010 HRTO 1384

Indexed as: Muccilli v. Swissport Canada Handling Inc.

[1] The applicant filed an Application on June 4, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The Application alleges discrimination in the area of employment on the basis of age and disability. The respondent failed to file a Response. Instead, it filed a Request for an Order During Proceedings asking the Tribunal to dismiss the Application, alleging that it is a federally-regulated company.

[2] I issued a Case Assessment Direction requiring a written submission from the respondent that would set out the basis for its claim. The applicant was given the opportunity to respond to the respondent's submissions, but did not do so.

[3] The respondent has indicated that it provides services to airlines and customers of airlines that operate international and interprovincial flights. This includes the processing of freight shipments, cargo handling and other services. The respondent cited a decision of the Canada Labour Relations Board, Quebec-Sol Services Ltd, [1982] 2 CLRBR 369, in which the Board concluded that operations similar to those conducted by the respondent are regulated by federal law. I have reviewed this decision and find it convincing.

[4] "Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province" are matters within federal jurisdiction pursuant to section 92(10)(a) of the Constitution Act, 1867, U.K., 30 & 31 Victoria, c. 3,. The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. The Canadian Human Rights Commission has power to deal with various human rights matters that fall under federal jurisdiction.

[5] Given that this Application is not within the jurisdiction of this Tribunal, it is dismissed.

Dated at Toronto, this 18^th^ day of June, 2010.

"Signed by"

Judith Keene

Vice-chair