Felix v. Toronto Dominion Bank Group, 2016 HRTO 1103

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hans Felix

Applicant

-and-

Toronto Dominion Bank Group and Allegis Global Solutions

Respondent

INTERIM DECISION

Adjudicator: Brian Cook

Date: August 18, 2016

Citation: 2016 HRTO 1103

Indexed as: Felix v. Toronto Dominion Bank Group

1This Application alleges discrimination in respect of contracts contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Applications have not yet been sent to the respondents.

3The Application does not contain many details of the nature of the alleged discrimination or what happened to cause the applicant to believe that his Code-protected rights were infringed. It appears that the applicant had contact with Allegis Global Solutions (Allegis) about a position at the Toronto Dominion Bank and that the bank terminated the applicant’s contract saying that there were serious performance issues.

Application as against the Toronto Dominion Bank Group

4On June 9, 2016, the Tribunal Registrar issued a Notice of Intent to Dismiss in regard to the Toronto Dominion Bank Group as respondent. The Registrar noted that the Tribunal does not have jurisdiction to deal with federally regulated employers. Banks are federally regulated. The applicant was invited to make submissions on this jurisdictional issue and advised that if he did not do so by July 9, 2016, the Application against the Toronto Dominion Bank Group could be dismissed as abandoned.

5The applicant has not filed any submissions. The Application against the Toronto Dominion Bank Group is dismissed as abandoned.

Application as against Allegis Global Solutions

6The Registrar issued a separate Notice of Intent to Dismiss on June 9, 2016, concerning the respondent Allegis. The Registrar noted that the applicant had signed a full and final release with Allegis, and that it might be an abuse of process to continue with the Application. The applicant was invited to make submissions about this.

7The applicant has provided submissions but they do little to clarify how the applicant can bring an Application against Allegis when he has signed a full and final settlement that explicitly states he will not do so.

8The Tribunal will schedule a one-hour telephone conference call hearing to hear submissions from the parties about whether it would be an abuse of the Tribunal’s process to permit the applicant to bring the Application naming Allegis as a respondent.

9A copy of the Application and this Interim Decision will be delivered to Allegis. Allegis is not required to file a Response or any other document at this time. Allegis is directed to advise the Registrar and the applicant of the contact information for the person from Allegis who should be contacted in respect of this Application.

10If either party wishes to provide any further document in advance of the hearing, the document must be sent to the Registrar and the other party at least two weeks before the hearing.

DECISION

11The Application against the Toronto Dominion Bank Group is dismissed

12The Tribunal will schedule a one-hour telephone conference call hearing to hear submissions about whether the Application as against Allegis Global Solutions should be dismissed as an abuse of process.