Human Rights Tribunal of Ontario
Between:
Oscar Correia Applicant
-and-
York Catholic District School Board Respondent
Decision
Adjudicator: Mark Hart Date: September 21, 2011 Citation: 2011 HRTO 1733 Indexed as: Correia v. York Catholic District School Board
Appearances By:
Oscar Correia, Applicant ) Allison Taylor, Counsel York Catholic District School Board, ) John W. Woon, Counsel Respondent ) )
Decision
1This is an Application made under s. 53(5) of the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), dated June 8, 2009. The underlying complaint was filed with the Ontario Human Rights Commission (the “Commission”) on February 8, 2007, although it appears to have been issued by the Commission with amendments sometime after May 23, 2007.
2The applicant alleges that he experienced discrimination in employment because of race, colour, place of origin, ethnic origin and sex contrary to ss. 5(1) and 9 of the Code and reprisal contrary to ss. 8 and 9 of the Code, arising out of two competitions for Superintendent positions with the respondent Board in 2006 and 2007.
3The hearing in this matter was held on November 15, 2010 and April 4 and 5, 2011 in accordance with the expectation, expressed in the Code and the Tribunal’s Rules of Procedure for Transitional Applications, that section 53 applications proceed in an expeditious manner. I heard from the applicant and one witness called by the respondent, Susan LaRosa, who is the respondent Board’s Director of Education.
Background
4The applicant was born in Bombay, India in 1955 and lived there until he was 21 years of age, having obtained a Bachelor of Science degree from the University of Bombay. The applicant immigrated to Canada in 1976, settling in Winnipeg, Manitoba where he obtained a Bachelor of Arts degree in English Literature from the University of Winnipeg in 1979. The applicant thereafter attended Brandon University, where he obtained his Bachelor of Education in 1981. The applicant obtained his first teaching position in Manitoba before moving to Ontario in 1983.
5The applicant obtained an Ontario Teacher’s Certificate in 1983, and worked as a high school teacher with the Toronto District School Board. He was hired as a high school teacher with the respondent Board in September 1988. In 1999, the applicant became a high school Vice-Principal. He became an elementary school Vice-Principal in 2002 and remained in that capacity until 2005. The evidence indicates that the applicant was short-listed for an elementary school Principal position, which he would have obtained as of September 2005 had he remained with the respondent Board.
6During this period, the applicant obtained his Masters in Education from the