Ha Phuoc On v. Stephen Morrison, 2011 HRTO 1345

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ha Phuoc On Applicant

• and-

Stephen Morrison Respondent

decision

Adjudicator: Brian Cook

Date: July 15, 2011

Citation: 2011 HRTO 1345

Indexed as: On v. Stephen Morrison

1The applicant filed this Application alleging that union dues were improperly deducted from his pay cheque. The Application was filed on April 5, 2011 and has not yet been served on the respondent. In the original Application, the applicant did not identify any grounds of discrimination. The Tribunal determined that the Application was not complete and asked the applicant to provide further information and to complete the Application by resubmitting the page of the Application that asks what the grounds of discrimination are. He submitted the requested information and indicated that the grounds were race and colour. However, the Application and narrative do not suggest that his complaint about the withholding of union dues was due to race or colour or that he was treated differently because of race or colour.

2On June 10, 2011, the Tribunal sent the applicant a Notice of Intent to Dismiss because it appeared that the Application did not identify any specific acts of discrimination within the meaning of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The applicant was invited to provide written submissions on this issue. The applicant provided submissions dated July 11, 2011.

3In his submissions, the applicant confirms that the issue that he is concerned with is that $102.12 for union dues was withheld from his paycheque. The applicant believes that this was wrong and was a violation of his human rights because he was employed by an employment agency and was not a member of a union. The applicant submits that the Tribunal should take a broad view of its jurisdiction to include the circumstances of his case.

4The Code gives the Tribunal jurisdiction to deal with specified forms of discrimination and harassment. The Tribunal does not have the jurisdiction to deal with all allegations of unfairness. In particular, the Tribunal does not have jurisdiction to determine whether or not it was appropriate for the employer to withhold union dues because there does not appear to be any connection between the applicant’s complaint and the Code. The Application must accordingly be dismissed on the grounds that the Application does not relate to matters that are within the Tribunal’s jurisdiction.