Worku v. St. Clair College, 2014 HRTO 1655

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sergout Worku Applicant

-and-

St. Clair College and St. Clair College Nursing Faculty Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson Date: November 14, 2014 Citation: 2014 HRTO 1655 Indexed as: Worku v. St. Clair College

1This Application was filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on August 13, 2014. The Application alleges discrimination with respect to membership in a vocational association on the basis of race, colour and disability.

2On September 15, 2014, the Tribunal issued a Notice of Intent to Dismiss ("NOID") the Application to the applicant, requesting her submissions with respect to the Tribunal's jurisdiction to deal with the Application. In the NOID, the Tribunal indicated that it appeared that the Application may be outside the Tribunal's jurisdiction because it did not identify any specific acts of discrimination within the meaning of the Code allegedly committed by the named respondents.

3At this preliminary stage, before the Application has been delivered to the respondents and a Response (Form 2) has been filed, the Tribunal will only dismiss an Application where it is plain and obvious that it is outside the Tribunal's jurisdiction. Although the applicant did not provide submissions in response to the NOID, having reviewed the Application, I find that it is not plain and obvious that the Application is outside the Tribunal's jurisdiction.

4This is not a final decision with respect to the Tribunal's jurisdiction to deal with this Application. The Application will be delivered to the respondents with this Interim Decision. The respondents are required to file a Response (Form 2) within 35 days of the date of this Interim Decision.

5I am not seized.