Fredricks v. The BTS Network Inc., 2014 HRTO 1785

Human Rights Tribunal of Ontario

B E T W E E N:

Farouk Fredricks Applicant

-and-

The BTS Network Inc. and Rose Burt Respondents

INTERIM DECISION

Adjudicator: Douglas Sanderson Date: December 15, 2014 Citation: 2014 HRTO 1785 Indexed as: Fredricks v. The BTS Network Inc.

WRITTEN SUBMISSIONS

Farouk Fredricks, Applicant Self-represented

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of race, colour and reprisal.

2By letter dated November 3, 2014, the Tribunal notified the applicant that the Application may be outside the Tribunal’s jurisdiction because a review of the Application and the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination with the meaning of the Code allegedly committed by the respondent and because the applicant’s allegations do not appear to describe a “reprisal or threat of reprisal” for the purposes of the Code. The Tribunal directed the applicant to make submissions on the issue of jurisdiction on or before December 3, 2014.

Applicant’s Submissions

3The applicant, who describes himself as a brown person of Caribbean background, submitted that the respondents hired him to work as a transit driver. The applicant also worked part time for another bussing company, as did other employees of the organizational respondent who are white. The respondents, however, later dismissed the applicant purportedly because he breached a non-competition clause in his employment contract by working for the other bussing company, but did not dismiss white employees who were also working for the other bussing company. The applicant stated that he made a harassment complaint regarding a co-worker and submitted that the respondents dismissed him in retaliation for asserting his human rights.

Analysis and Decision

4Section 5 of the Code states as follows:

(1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

(2) Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

5Section 8 of the Code states 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.

6An application will only be dismissed at a preliminary stage if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction. See Masood v. Bruce Power, 2008 HRTO 381. In the circumstances of this case, I find that it is not plain and obvious that the subject matter of this Application falls outside of the Tribunal’s jurisdiction. Accordingly, the Tribunal shall continue to deal with the Application.

7A decision to continue to deal with an application in these circumstances is not a final decision regarding the Tribunal’s jurisdiction in respect to the Application (Rule 13.5).

Order

8The Tribunal shall proceed with the processing of the Application. Pursuant to Rule 13.4 of the Tribunal’s Rules of Procedure, the Application, a copy of this Interim Decision, the applicant’s submissions on the jurisdiction issue, and all correspondence between the Tribunal and the applicant on the jurisdiction issue, together with a Notice of Application, will be provided to the respondent.

9I am not seized of this matter.