Feeney v. Ryder Logistics, 2010 HRTO 68

Human Rights Tribunal of Ontario

B E T W E E N:

Laura Feeney

Applicant

-and-

Ryder Logistics, Dave Lavender, Joe Iannelli and Maher El-Siblini

Respondents

DECISION

Adjudicator: Brian Cook

Date: January 14, 2010

Citation: 2010 HRTO 68

Indexed as: Feeney v. Ryder Logistics

Written Submissions:

Laura Feeney, Applicant ) On her own behalf )

Ryder Logistics, Respondent ) Colin Turpin, representative

1This Decision deals with whether the Tribunal has the jurisdiction to deal with an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"). The respondents filed a Request for Order asking to have the Application dismissed on the basis the Tribunal does not have jurisdiction because the applicant's employment is federally regulated. Employment that is federally regulated is under the jurisdiction of the Canadian Human Rights Commission, and not the Human Rights Tribunal of Ontario.

2In an Interim Decision, 2009 HRTO 2099, dated December 3, 2009, the Tribunal asked the respondents to file further information to help the Tribunal to better understand the nature of the applicant's employment. Submissions dated December 15, 2009 were filed with the Tribunal and the applicant. She was given time to make submissions on her behalf. The time for making those submissions has now passed and no submissions have been received.

3The corporate respondent advises that it provides third-party logistics to an array of clients. The applicant worked solely on the account for one client. The corporate respondent receives shipments from this client at distribution centres and then transports the product by truck to locations across Canada. The corporate respondent owns and operates the trucks.

4Pursuant to subsection 92(10)(a) of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3, (the "Constitution"), transportation works and undertakings that extend beyond the limits of the province are within federal jurisdiction. In this case, the corporate respondent is involved in transportation across provincial boundaries, using trucks that are owned and operated by its own employees. In these circumstances, it seems plain and obvious that the applicant's employment is a matter that comes under the jurisdiction of the Canadian Human Rights Commission and not the Human Rights Tribunal of Ontario. For this reason, the Tribunal does not have jurisdiction to deal with the Application and the Application is dismissed.