HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Rebecca Dias Applicant
-and-
Cineplex Inc. Respondent
INTERIM DECISION
Adjudicator: Jennifer Scott
Date: April 10, 2014
Citation: 2014 HRTO 505
Indexed as: Dias v. Cineplex Inc.
WRITTEN SUBMISSIONS
Rebecca Dias, Applicant Self-represented
Introduction
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 reprisal.
2The Tribunal issued a Notice of Intent to Dismiss (“NOID”) the Application on February 28, 2014, on the following basis:
You allege discrimination based on “reprisal or threat of reprisal” but have failed to explain how the respondent’s behaviour was related to any of the following: claiming or enforcing a right under the Code; instituting or participating in proceedings under the Code; or, refusing to infringe the right of another person under the Code [s. 8]. See for example Mirea v. Canadian National Exhibition, 2009 HRTO 32; Chan v. Tai Pan Vacations, 2009 HRTO 273.
3The applicant filed a revised Application where she complains about being publicly berated and humiliated by the General Manager of the respondent. The applicant states the harassment by the General Manager was not limited to her alone. She alleges that the General Manager also harassed another female employee. The applicant states she complained about this harassment to the human resources department. The applicant alleges that instead of addressing her concerns, her employment was terminated by the respondent.
4An application will only be dismissed at a preliminary stage, before it is served on the respondent, if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction. See, for example, Masood v. Bruce Power, 2008 HRTO 381.
5It is not “plain and obvious” that the Tribunal does not have jurisdiction in this case, given that it appears the applicant is asserting that her employment was terminated, in part, in reprisal for her complaint of gender-based harassment by the General Manager.
6This Application is not dismissed and shall be served on the respondent.
Dated at Toronto, this 10th day of April, 2014.
“Signed By “
Jennifer Scott Vice-chair