HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Gary Pryor
Applicant
-and-
Workplace Safety and Insurance Board
and Expertech Network Installation Inc.
Respondents
DECISION
Adjudicator: Sherry Liang
Indexed as: Pryor v. Workplace Safety and Insurance Board
APPEARANCES
Gary Pryor, Applicant ) Peter Chin, Counsel
Workplace Safety and ) Gurjit Brar, Counsel Insurance Board, Respondent )
Expertech Network ) Susan Crawford, Counsel Installation Inc., Respondent )
BACKGROUND
1This is an Application filed on October 6, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The applicant alleges he was discriminated against by the Workplace Safety and Insurance Board (the "WSIB") on the ground of disability, in the area of employment. He also alleges reprisal.
2In its Response, the WSIB named as an additional respondent Expertech Network Installation Inc. ("Expertech"), the applicant's former employer, on the basis that the WSIB's understanding of the Application is that it is primarily directed at a failure by Expertech to accommodate the applicant's disability in the workplace. The WSIB also requested early dismissal of the Application against it on several grounds.
3Expertech filed a Response in which it also requests early dismissal of the Application, on the basis that its employment relationship with the applicant is federally-regulated, and on the basis that the applicant filed grievances through his union, the Communication, Energy and Paperworkers' Union (the "CEP") and in fact has entered into a settlement in which he executed a full and final release of his claims against Expertech.
4The CEP was given notice of the Application but it has not sought to intervene.
5By Case Assessment Direction dated February 23, 2011, the Tribunal directed a hearing by conference call to receive the parties' submissions on the following issues raised by the respondents' requests to dismiss:
a. Whether the allegations against the WSIB raise matters within the Tribunal's jurisdiction;
b. Whether the Application raises an arguable claim of discrimination against the WSIB;
c. Whether all or part of the Application is outside the Tribunal's jurisdiction because it raises issues within federal and not provincial jurisdiction;
d. Whether all or part of the Application should be dismissed