Gabriel Szablewski v. Erb International, 2012 HRTO 2273

Human Rights Tribunal of Ontario

B E T W E E N:

Gabriel Szablewski Applicant

-and-

Erb International Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: December 4, 2012 Citation: 2012 HRTO 2273 Indexed as: Szablewski v. Erb International

WRITTEN SUBMISSIONS

Gabriel Szablewski, Applicant Peter Mancini, Representative

Erb International, Respondent Ian S. Campbell, Counsel

1This Decision addresses the respondent’s Request to dismiss the Application on the basis that it is not within the Tribunal’s jurisdiction.

2The applicant filed an Application alleging discrimination in employment on the basis of disability.

3On October 15, 2012, the respondent filed a Request for Order During Proceedings requesting that the Application be dismissed as falling outside the Tribunal’s jurisdiction. The respondent submitted that the matter falls under federal jurisdiction as it is a federally-regulated inter-provincial transportation company. On November 21, 2012, the applicant conceded that the respondent is federally-regulated and does not fall under the Tribunal’s jurisdiction.

4Based on the above, it is apparent that the employment relationship between the applicant and respondent is not governed by the Human Rights Code, R.S.O. 1990, c. H.19, as amended. Accordingly, the Application is dismissed pursuant to Rule 13.1 of the Tribunal’s Rules of Procedure.