Anil Barta v. Hudson’s Bay Company, 2010 HRTO 2392

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Anil Barta Applicant

-and-

Hudson’s Bay Company Respondent

DECISION

Adjudicator: Eric Whist Date: December 1, 2010 Citation: 2010 HRTO 2392 Indexed as: Barta v. Hudson’s Bay

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on March 30, 2010. The applicant alleges that the respondent discriminated against him in respect to his employment on the grounds of “record of offences”.

2On June 18, 2010 the Tribunal sent a Notice of Intent to Dismiss to the applicant on the basis that while his Application alleges “record of offences” as the ground of discrimination it does not allege that the respondent’s behaviour was related to discrimination on the basis of a conviction for an offence defined in the Code, as a conviction for an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or an offence in respect to any provincial enactment (section 10(e)).

3The Tribunal asked the applicant to provide written submissions as to why he believed that his Application was within the Tribunal’s jurisdiction and should be decided by the Tribunal. The applicant has provided no submissions to date.

4The applicant provides a narrative in his Application as to the incidents of alleged discrimination. According to the applicant he was first suspended and then dismissed from his employment over disagreements as to how he was applying floor discounts on merchandise. The applicant makes no mention in this narrative of any record of offences within the meaning of the Code.

5The applicant has not alleged any facts that would indicate possible discrimination on the basis of a record of offences. The applicant has not provided any written submissions to clarify his Application to suggest any possible violation of the Code.

6The Tribunal’s jurisdiction is exclusively based on the provisions of the Code. The Tribunal does not have a general power to evaluate employment relationships or dismissals, but hears only Applications that allege violations of the Code. Accordingly, the Application is dismissed as being outside of the Tribunal’s jurisdiction, pursuant to Rule 13.1 of the Tribunal’s Rules.