Jacqueline D’Santos v. Service Employees International Union Local 1 Canada, 2012 HRTO 546

HUMAN RIGHTS TRIBUNAL OF ONTARIO

BETWEEN:

Jacqueline D’Santos Applicant

• and -

Service Employees International Union Local 1 Canada Respondent

DECISION

Adjudicator: Brian Cook Date: March 15, 2012 Citation: 2011 HRTO 546 Indexed as: D’Santos v. Service Employees International Union Local 1 Canada

1This is an Application filed on January 9, 2012 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The Application indicated that the applicant had experienced reprisal.

2On review of the Application it appeared that the Application did not identify or describe any incidents of alleged Code-related discrimination or harassment. On February 1, 2012, the Tribunal sent a Notice of Intent to Dismiss to the applicant, indicating that the Tribunal would dismiss the Application unless the applicant could explain how the issues she described in the Application raised issues that might be covered by the Code. The Notice advised the applicant that her submissions must be received by March 2, 2012. The Tribunal has not received any submissions from the applicant.

3The Tribunal’s jurisdiction is based on the Code, which prohibits discrimination in specific areas including employment. In employment the Code identifies specific grounds (for example, disability, gender and race, etc.). Section 8 of the Code prohibits reprisals as follows:

Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing.

4The applicant feels that she has been treated unfairly, but she does not allege that the unfair treatment occurred because of an attempt on her part “to claim and enforce his or her rights under this Act”. The Tribunal does not have a general power to inquire into claims of unfairness outside the areas and grounds listed in the Code. The applicant has not identified any ground of discrimination or basis upon which she alleges that the Code was violated.

5The Tribunal does not have a general power to evaluate employment relationships or dismissals, but hears only applications that allege violations of the Code. Accordingly, the Tribunal has no jurisdiction over this Application and this Application is dismissed.