June Keita v. Symcor Inc., 2014 HRTO 336

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

June Keita

Applicant

-and-

Symcor Inc.

Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: March 12, 2014 Citation: 2014 HRTO 336 Indexed as: Keita v. Symcor Inc.

WRITTEN SUBMISSIONS

Symcor Inc., Respondent

Janice Campbell, Representative

Introduction

1This Decision addresses the issue of whether the Application falls within the Tribunal’s jurisdiction under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

BACKGROUND

2The applicant filed an Application alleging discrimination in employment by her former employer, Symcor Inc. In its Response, the respondent submitted that the Application should be dismissed as the subject matter of the Application falls under federal jurisdiction.

3On January 17, 2014, the Tribunal issued a Notice of Intent to Dismiss the Application (“Notice”) on the basis that the issues in dispute appear to fall within exclusive federal jurisdiction. The applicant was directed to provide submissions in response to the respondent’s dismissal request.

4The applicant did not respond to the Notice.

Findings

5The Tribunal has no jurisdiction to proceed with this Application.

6The Code only applies to matters that fall within provincial jurisdiction and does not apply to federally-regulated businesses. Pursuant to subsection 91(15) of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3, banking, incorporation of banks and the issue of paper money are within federal jurisdiction. The Canadian Human Rights Commission has power to deal with human rights matters that fall under federal jurisdiction.

7The Tribunal has issued two decisions in which it has held that the respondent is a federally-regulated company. See Yang v. Symcor, 2010 HRTO 1241, and Mathiyaparanam v. Symcor Inc., 2011 HRTO 1559. For the reasons set out in those decisions, I find that it is plain and obvious that the employment relationship between the applicant and the respondent is not governed by the Code. Accordingly, the Application is dismissed pursuant to Rule 13.1 of the Tribunal’s Rules of Procedure.