Henry v. Ceva Logistics Inc., 2012 HRTO 321

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gerald Henry Applicant

• and-

Ceva Logistics Inc. and John Burton Respondents

DECISION

Adjudicator: Ena Chadha Date: February 14, 2012 Citation: 2012 HRTO 321 Indexed as: Henry v. Ceva Logistics Inc.

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 October 4, 2011, alleging discrimination with respect to employment.

2On December 21, 2011, the applicant's union wrote to the Tribunal and advised that the employer falls within the federal jurisdiction and that the union and the employer are subject to the Federal Ministry of Labour.

3On January 15, 2012, the respondents filed a Request for Order During Proceedings. The Request indicates that the corporate respondent is engaged in the business of international and interprovincial trucking and the collective agreement governing the applicant's employment was negotiated under the auspices of the Canada Labour Code.

4The applicant did not file submissions in response to the request to dismiss and the timeline for doing so has elapsed.

DECISION

5The Tribunal does not have jurisdiction over this Application.

6The Code only applies to matters that fall within provincial jurisdiction and does not apply to federally regulated businesses. Pursuant to subsection 92(10)(a) of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3, transportation works and undertakings that extend beyond the limits of the province are within federal jurisdiction.

7Based on the information provided by the respondents and the union, the corporate respondent's business, consisting of trucking between provinces and countries, is federally regulated. Consequently, the Tribunal has no jurisdiction to proceed with this Application.

8Accordingly, the Application is dismissed.