Nowen v. Tippet-Richardson, 2011 HRTO 369

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Nowen Applicant

-and-

Tippet-Richardson Limited Respondent

DECISION

Adjudicator: Alan G. Smith Date: February 24, 2011 Citation: 2011 HRTO 369 Indexed as: Nowen v. Tippet-Richardson

WRITTEN SUBMISSIONS

Robert Nowen, Applicant ) Self-represented

Tippet-Richardson Limited, Respondent ) Bruce Jaeger, Counsel

BACKGROUND

1This is an Application filed on September 8, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code). The respondent filed a Response on January 7, 2011. The respondent argues that it is a federally regulated business and therefore requests the Application be dismissed due to the Tribunal lacking jurisdiction (power to decide).

2On January 26, 2011, the Tribunal issued a “Notice of Intent to Dismiss” in which it indicated that the Application appeared to be outside the Tribunal’s jurisdiction. The Tribunal sought written submissions from the applicant regarding why he believed the Application was within the Tribunal’s jurisdiction.

3In his Response the applicant states he is aware of two other employees of the respondent who received “settlement payments” as a result of Tribunal Applications being filed. No further details are provided.

DECISION

4The Code only applies to matters that fall within provincial, rather than federal jurisdiction. Pursuant to subsection 92(10)(a) of the Constitution Act, 1987, the Canadian Parliament has jurisdiction over transportation works and undertakings that extend beyond the limits of the province: Hasting v. Federal Express Canada, 2010 HRTO 1599 and Rokicki v. Schneider National Carriers, 2010 HRTO 1983.

5The respondent operates a moving and delivery business that operates between the Provinces, as well as outside Canada, and so is clearly a federally regulated employer. The applicant was employed by the respondent as a warehouse supervisor, a position integral to the respondent’s inter-provincial and international moving business. The Canadian Human Rights Commission lists “Tippet-Richardson Limited” as a federally-regulated employer and, therefore, under its exclusive jurisdiction.

6Given that this Application concerns employment with a federally-regulated employer, it is not within the jurisdiction of the Tribunal.

ORDER

7This Application is dismissed.