Christopher Browne v. Sudbury Integrated Nickel Operations A Glencore Division (Smelter Division), 2014 HRTO 890

Human Rights Tribunal of Ontario

B E T W E E N:

Christopher Browne
Applicant

-and-

Sudbury Integrated Nickel Operations A Glencore Division (Smelter Division)
Respondent

INTERIM DECISION

Adjudicator: Paul Aterman
Date: June 17, 2014
Citation: 2014 HRTO 890
Indexed as: Browne v. Sudbury Integrated Nickel Operations A Glencore Division (Smelter Division)

WRITTEN SUBMISSIONS

Christopher Browne, Applicant
Self-represented

1This Application alleges discrimination with respect to employment because of gender expression contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The applicant is a production worker in the respondent's smelting operation. He alleges that he was told to shave off his goatee, as the respondent requires all employees who use a safety mask to be clean-shaven.

3The Tribunal sent him a Notice of Intent to Dismiss that requests submissions on whether the Tribunal has jurisdiction over this issue.

4His submissions are that he has refused to comply with the respondent's direction because he has passed a fit test of the mask without having shaved his facial hair. He argues that what matters is whether the mask is a proper fit, not whether employees sport facial hair.

5Although the issues in this Application are unusual, it is not plain and obvious that the Tribunal has no jurisdiction over this issue. As the Ontario Human Rights Commission notes in its Policy on Preventing Discrimination Because of Gender Identity and Gender Expression (www.ohrc.on.ca), gender expression includes how a person publicly presents or expresses their gender. That question appears to be at the core of the issues raised by the applicant.

6The Application will proceed in the Tribunal's process and the Registrar is requested to provide the respondent with a copy of the Application.