Steward v. Rogers Communications Ltd., 2015 HRTO 1159

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shirley Steward

Applicant

-and-

Rogers Communications Ltd.

Respondent

DECISION

Adjudicator: Dawn J. Kershaw

Date: September 1, 2015

Citation: 2015 HRTO 1159

Indexed as: Steward v. Rogers Communications Ltd.

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on May 19, 2015, alleging discrimination in employment. On July 21, 2015, the Tribunal delivered to the applicant a Notice of Intent to Dismiss on the basis of jurisdiction, advising the applicant that if she wished to make submissions with respect to jurisdiction, she was required to do so by August 20, 2015. The applicant did not file submissions.

2On August 26, 2015, the Tribunal again delivered to the applicant a Notice of Intent to Dismiss on the basis of jurisdiction, this time by e-mail. She was given until August 31, 2015 to file submissions.

3On the same day, the applicant e-mailed the Tribunal and advised that she had filed an Application with the Canadian Human Rights Commission and understood that this Application must be dismissed.

4This Application relates to employment in a federal work or undertaking, and therefore falls exclusively under federal jurisdiction, and in particular, within the exclusive jurisdiction of the Canadian Human Rights Commission.

5It is apparent that the employment relationship between the applicant and respondent is not governed by the Code. Accordingly, the Application is dismissed pursuant to Rule 13.1 of the Tribunal’s Rules of Procedure.