Salman Syed v. Rogers Communications, 2012 HRTO 247

Human Rights Tribunal of Ontario

BETWEEN:

Salman Syed Applicant

-and-

Rogers Communications Respondent

DECISION

Adjudicator: Ena Chadha Date: February 3, 2012 Citation: 2012 HRTO 247 Indexed as: Syed v. Rogers Communications

1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), on November 29, 2011 alleging discrimination with respect to his employment.

2On January 4, 2012 the Tribunal issued a Notice of Intent to Dismiss ("Notice") to the applicant. The Notice advised the applicant that the Application appears to be outside the Tribunal's jurisdiction because the respondent employer appears to be a federally regulated agency, business or service. The Tribunal directed the applicant to provide written submissions addressing the issue of jurisdiction.

3The applicant filed submissions on January 20, 2012. The applicant appears to acknowledge that the respondent is federally regulated and, therefore, under the jurisdiction of the federal human rights commission.

4I find that the respondent is an inter-provincial federally-regulated telecommunications company, which is subject to federal jurisdiction under s.92(10)(a) of the Constitution Act, 1867. The Canadian Human Rights Commission has power to deal with human rights matters that fall under federal jurisdiction. In the case of this particular respondent, the Tribunal has previously accepted that it is federally regulated and as such, falls under the jurisdiction of the Canadian Human Rights Commission (See Dougan v. Rogers Communications, 2009 HRTO 1169 and the cases referred to in that Decision.).

5In conclusion, as the respondent is a federally regulated enterprise, the Tribunal has no jurisdiction over this matter.

6The Application is dismissed.