HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Diana Franchi
Applicant
-and-
Revera Inc.
Respondent
DECISION
Adjudicator: Geneviève Debané
Indexed as: Franchi v. Revera Inc.
WRITTEN SUBMISSIONS
Diana Franchi, Applicant
Self-represented
1This Application alleges reprisal with respect to employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The Application has not yet been delivered to the respondent.
2On March 30, 2015, the Registrar sent to the applicant a Notice of Intent to Dismiss ("NOID") the Application because it appeared that the Application was not within the jurisdiction of the Tribunal, because amongst other reasons it failed to set out any incidents of discrimination. The applicant filed submissions in response to the NOID in which she makes references to the fact that she was discriminated against and harassed by the respondent.
Decision
3Rule 13.1 of the Tribunal's Rules of Procedure provides that the Tribunal may dismiss an application that is outside the jurisdiction of the Tribunal. Rule 13.2 further states that where it appears to the Tribunal that an application is outside its jurisdiction, it shall, prior to sending the application to the respondent, request submissions from the applicant. Under the Tribunal's jurisprudence, an application will only be dismissed at this preliminary stage if it is "plain and obvious" on the face of the application that it does not fall within its jurisdiction. See Masood v. Bruce Power, 2008 HRTO 381; Morin c. Alliance de la fonction publique du Canada, 2008 HRTO 58; and Hotte v. Ontario (Finance), 2008 HRTO 63.
4In her submissions, the applicant describes the fact that her employment was unfairly terminated by the respondent in 2012 and that charges were laid against her. These charges were eventually withdrawn by the Crown. However, in her narrative the applicant does not identify any protected ground under the Code. Further, with respect to the issue of reprisal she fails to identify when and how she claimed a right under the Code pursuant to s. 8.
5The Tribunal has repeatedly found that it does not have the jurisdiction to address general allegations of unfairness. The applicant's allegations of reprisal, harassment and discrimination do not relate to the Code. In this case I am satisfied that it is plain and obvious that this Application does not fall within the jurisdiction of the Tribunal.
6The Application is dismissed.
Dated at Toronto, this 24th day of April, 2015.
"Signed by"
Geneviève Debané
Vice-chair