Vikas Suri v. Ontario Power Generation, 2011 HRTO 1804

Human Rights Tribunal of Ontario

B E T W E E N:

Vikas Suri

Applicant

-and-

Ontario Power Generation

Respondent

DECISION

Adjudicator: Naomi Overend

Date: October 4, 2011

Citation: 2011 HRTO 1804

Indexed as: Suri v. Ontario Power Generation

1The applicant filed an Application on June 21, 2011 alleging discrimination in employment by the respondent contrary to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). In his Application, the applicant indicates he was employed as an assistant technical engineer at the Pickering Nuclear Power Plant.

2On July 6, 2011, the Tribunal sent the applicant a Notice of Intent to Dismiss on the basis that the respondent appears to be a federally regulated business. The applicant filed submissions indicating that the Ontario Power Generation (OPG) is a provincial organization, federally regulated for the purpose of nuclear safety issues only.

3However, the Tribunal has determined in other decisions that those employed in the nuclear power sector of OPG are federally regulated for the purpose of human rights matters: See Osier v. Ontario Power Generation, 2008 HRTO 374. Accordingly, the applicant’s human rights dispute is under the jurisdiction of the Canadian Human Rights Commission not this Tribunal.

4For reasons discussed above, the Tribunal is of the view that it has no jurisdiction over the Application. The Application is therefore dismissed.