HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ronald Sauve
Applicant
-and-
Ininew Friendship Centre and Jacques Lepage
Respondents
INTERIM DECISION
Adjudicator: Jay Sengupta
Indexed as: Sauve v. Ininew Friendship Centre
1This is an Application filed on December 7, 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 he suffered discrimination in respect of employment on the basis of sex and reprisal.
2On March 15, 2010, the Tribunal issued a Notice of Intent to Dismiss pursuant to Rule 13.2. The Notice stated that it appeared that the Application was outside of the Tribunal’s jurisdiction because the subject matter of the Application was the same or substantially the same as that of a complaint filed with the Commission. The Notice also stated that the applicant had failed to explain how the respondent’s behaviour amounted to reprisal.
3The applicant responded on March 18, 2010 and provided the following explanation. The applicant’s employment with the respondent organization was terminated in 2006. He subsequently filed two human rights complaints and commenced a civil action against the respondent. A hearing took place concerning the two human rights complaints in October, 2009. In October and November 2009, the applicant applied again for employment with the respondent. He alleges that their failure to interview him for the advertised positions amounts to reprisal. He does not explain in his narrative, or anywhere else in the Application, how the respondents have discriminated against him on the basis of sex.
4I find that it is not plain and obvious that the Application is outside the Tribunal’s jurisdiction. Accordingly, the Tribunal will continue to deal with the Application. This is not a final decision regarding the Tribunal’s jurisdiction over the Application: see Rule 13.5.
5I am not seized.
Dated at Toronto, this 28th day of June, 2010.
“signed by”
Jay Sengupta
Vice-chair