Tharmasuthaharan Tharmaratnam v. The Miller Group, 2011 HRTO 939

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tharmasuthaharan Tharmaratnam Applicant

-and-

The Miller Group Respondent

INTERIM DECISION

Adjudicator: Ena Chadha Date: May 16, 2011 Citation: 2011 HRTO 939 Indexed as: Tharmaratnam v. The Miller Group

1The applicant filed an Application with the Tribunal on May 14, 2010 pursuant to section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code") alleging discrimination with respect to employment on the basis of race, colour, place of origin and ethnic origin.

2The Application does not include a narrative; however, there are some accompanying documents, which appear to suggest the applicant's employment was terminated, while he was on probation, because of two verbal altercations with co-workers. The applicant appears to allege that the respondent employer did not properly investigate or obtain his side of the story prior to dismissing him and that these altercations involved some concerns of race.

3On January 5, 2011, the Tribunal issued a Notice of Intent to Dismiss on the basis the narrative appeared to fail to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent and therefore was outside of the Tribunal's jurisdiction. The Tribunal invited submissions from the applicant with respect to this issue.

4The applicant provided such submissions by way of letter dated January 17, 2011. In his submissions, the applicant asserts that the Application was within the Tribunal's jurisdiction because he was allegedly dismissed due to his race, colour and Sri Lankan background.

5An application will only be dismissed at a preliminary stage, before it is served on a respondent, if it is "plain and obvious" on the face of the application that it does not fall within the Tribunal's jurisdiction.

6Based on the Application and the applicant's submissions, I am satisfied that that the applicant's allegations relate to the grounds of race, colour, ethnic origin and place of origin. In the circumstances, it is not plain and obvious that the Application does not raise matters covered by the Code. Accordingly, the Tribunal will continue to process the Application. This is not a final decision regarding the Tribunal's jurisdiction in respect of this Application.

7I am not seized of this matter.