HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Huda Aljaber Applicant
-and-
Fanyza Hanhan Respondent
DECISION
Adjudicator: Geneviève Debané Date: March 13, 2015 Citation: 2015 HRTO 316 Indexed as: Aljaber v. Hanhan
WRITTEN SUBMISSIONS
Huda Aljaber, Applicant Labib Obaid, Representative
Fanyza Hanhan, Respondent Abi Martinez, Counsel
1This Application alleges discrimination with respect to employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On October 29, 2014, the respondent filed a response seeking the dismissal of the application on the basis that it does not fall within the jurisdiction of Ontario. The respondent is employed by the Department of Foreign Affairs, Trade and Development (“DFATD”) as a Language Acquisition and Testing Advisor. The DFATD is a federal department established pursuant to the Department of Foreign Affairs, Trade and Development Act, S.C. 2013, c. 33, s. 174.
3On January 25, 2015, the applicant filed submissions in response to the Request to dismiss in which she acknowledges that the respondent does work for the DFATD. However there is no explanation provided as to why the applicant believes that the Application is within the Tribunal’s jurisdiction.
Decision
4This Application is dismissed because the relationship between the applicant and the respondent falls within federal jurisdiction. The applicant acknowledges that the respondent is employed by a federal department and all of the allegations are with respect to the respondent’s conduct in the performance of her duties as an employee of that federal department. As such, the subject-matter of the Application does not fall within the jurisdiction of Ontario and is governed by federal jurisdiction.
5The Application is dismissed.
Dated at Toronto, this 13^th^ day of March, 2015.
“Signed by”
Geneviève Debané Vice-chair