Jasmina Bojkovic-Dimic v. Primus Telecommunications Canada Inc., 2011 HRTO 1730

Human Rights Tribunal of Ontario

B E T W E E N:

Jasmina Bojkovic-Dimic

Applicant

-and-

Primus Telecommunications Canada Inc.

Respondent

DECISION

Adjudicator: Naomi Overend

Date: September 20, 2011

Citation: 2011 HRTO 1730

Indexed as: Bojkovic-Dimic v. Primus Telecommunications Canada Inc.

1This Decision concerns 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 Application was filed by the applicant on December 10, 2010, alleging that her employer, Primus Telecommunications Canada Inc. (“Primus”), discriminated against her on the grounds of race, colour, ancestry, place of origin, ethnic origin and sex.

2The Tribunal sent a Notice of Intent to Dismiss on July 5, 2011, stating that it appears the Application fell outside the Tribunal’s jurisdiction because the respondent is a federally regulated business or service. The Tribunal invited the applicant to make written submissions by August 4, 2011. To date the Tribunal has received no submissions from the applicant and the time for making such submissions has now passed.

3I am satisfied that Primus is a national telecommunications company providing services across the country and that, as such, is a federally regulated entity, which falls under the jurisdiction of the Canadian Human Rights Commission: see Dougan v. Rogers Communications, 2009 HRTO 1169.

4The Application is, accordingly, dismissed.