Jason Morgan v. Accuworx Incorporated, 2010 HRTO 2221

Human Rights Tribunal of Ontario

B E T W E E N:

Jason Morgan Applicant

-and-

Accuworx Incorporated Respondent

DECISION

Adjudicator: Ken Bhattacharjee Date: November 4, 2010 Citation: 2010 HRTO 2221 Indexed as: Morgan v. Accuworx

1The purpose of this Decision is to decide whether the Application should be dismissed because it is outside the Tribunal’s jurisdiction.

2The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on August 5, 2010, which alleged that the respondent discriminated against him with respect to employment because of a record of offences.

3Record of offences is defined in section 10(1) of the Code as follows:

“record of offences” means a conviction for,

(a) an offence in respect of which a pardon has been granted under the *Criminal Records Act* (Canada) and has not been revoked, or

(b) an offence in respect of any provincial enactment;

4In sections A36 and A37 of his Application, the applicant indicated that he had not been discriminated against because of a record of offences under a federal or a provincial law.

5Furthermore, there are no allegations in the narrative of his Application that relate to the ground of record of offences as defined in the Code. The narrative is essentially a wrongful dismissal claim.

6On August 31, 2010, the Tribunal’s Registrar issued a Notice of Intent to Dismiss, which informed the applicant that his Application appears to be outside of the Tribunal’s jurisdiction because it does not allege that the respondent’s behaviour was related to discrimination on the basis of a record of offences as defined in the Code. The Tribunal invited the applicant to provide written submissions within 30 days to explain why the Application is within the Tribunal’s jurisdiction. To date, the Tribunal has not received any submissions from the applicant.

7Accordingly, I find that the Tribunal has no jurisdiction over this Application, and it is therefore dismissed.