Human Rights Tribunal of Ontario
B E T W E E N:
Donald Samuels
Applicant
-and-
Griffiths Laboratories and Matthew Buffone
Respondents
INTERIM DECISION
Adjudicator: Sherry Liang
Indexed as: Samuels v. Griffiths Laboratories
1This is an Application filed on November 17, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code").
2On January 26, 2010, the Tribunal issued a Notice of Intent to Dismiss, advising the applicant that the Application does not appear to raise an issue the Tribunal can resolve. Although the applicant alleged discrimination on the ground of disability, the Application failed to specify how the actions taken by his employer breached the Code on the ground of disability. The applicant was directed to provide written submissions by thirty days from the date of the Notice.
3The Tribunal received correspondence from the applicant on January 10, 2010, attached to which was an undated letter to the Workplace Safety and Insurance Board. The applicant states that he never had any problem with the company until he got hurt on the job. He states that all of his reviews until then were above average. It appears that the applicant alleges that a three-day suspension that was imposed on him was part of harassment against him as a result of a workplace injury.
4An application will only be dismissed at a preliminary stage, before it is served on respondents, if it is "plain and obvious" on the face of the application that it does not fall within the Tribunal's jurisdiction. In the circumstances, it is not plain and obvious that the Application does not raise matters covered by the Code. The Tribunal will continue to process the Application. The applicant's submissions will be treated as an amendment to his Application.
5I am not seized of this matter.
Dated at Toronto this 12th day of March, 2010.
"Signed By"
Sherry Liang
Vice-chair