HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Joseph Tisseur
Applicant
-and-
Rahn Plastics Inc.
Respondent
INTERIM DECISION
Adjudicator: Keith Brennenstuhl
Indexed as: Tisseur v. Rahn Plastics Inc.
1This Interim Decision deals with an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability. The respondent requests the Tribunal to dismiss the Application pursuant to section 45.1 of the Code which provides as follows:
45.1 The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.
2The applicant was employed by the respondent and the applicant’s employment was terminated by the respondent on September 19, 2011. The applicant filed a complaint with the Employment Standards Branch of the Ministry of Labour under the Employment Standards Act, 2000, S.O. 2000, c.41. as amended (the “ESA”). The complaint alleged that the applicant was entitled to unpaid wages, overtime pay, vacation pay and deductions from wages and reprisal. Except for reprisal, the Employments Standards Officer upheld the applicant’s complaint and ordered the respondent to pay unpaid overtime pay, vacation pay and to refund deductions. The respondent submits that the substance of the Application has been appropriately dealt with by the ESA proceeding and asks the Tribunal to dismiss the Application under section 45.1.
3An Application can only be dismissed under section 45.1 if another proceeding has appropriately dealt with the substance of the Application. In this case, the proceeding under the ESA concerned only the applicant’s entitlement to various wages and ESA reprisal. That proceeding did not deal with the substance of the Application, which alleges discrimination on the grounds of disability. For this reason the Application cannot be dismissed under section 45.1 and the respondent’s Request is denied.
4I am not seized of the Application.
Dated at Toronto, this 21st day of August, 2012.
Signed by
Keith Brennenstuhl
Vice-chair