Bozica Sajatovic v. Public Service Commission of Canada, 2016 HRTO 550

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Bozica Sajatovic Applicant

-and-

Public Service Commission of Canada Respondent

DECISION

Adjudicator: Jennifer Khurana
Date: April 26, 2016
Citation: 2016 HRTO 550
Indexed as: Sajatovic v. Public Service Commission of Canada

WRITTEN SUBMISSIONS

Bozica Sajatovic, Applicant Self-represented

Introduction

1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of ethnic origin and disability. The Application makes allegations in relation to the hiring process and testing conducted by the Public Service Commission of Canada (“PSC”) for a position with the Passport Program of Employment and Social Development Canada (“ESDC”).

2The Tribunal sent the applicant a Notice of Intent to Dismiss on the basis of jurisdiction because the respondent appears to be a federal government department, agency or a federally regulated business. The Tribunal directed the applicant to make submissions on the issue of jurisdiction no later than April 4, 2016.

3The applicant responded and requested that the Tribunal change the name of the respondent to Gerry Thom, the Vice-president of the Staffing and Assessment Services Branch of the PSC. He submits that the PSC falls under the Public Service of Ontario Act and that he applied to the public service of Ontario.

REASONS

4It is plain and obvious that this Application is outside the Tribunal’s jurisdiction. It is apparent on the face of the Application that the facts alleged pertain entirely to a federal department.

5The Tribunal will only dismiss an application at a preliminary stage if it is “plain and obvious” that the application does not fall within the Tribunal’s jurisdiction. See Masood v. Bruce Power, 2008 HRTO 381. The Code does not apply to federal departments or agencies and only applies to matters within the jurisdiction of the province of Ontario.

6The applicant makes allegations of discrimination with respect to testing conducted by a federal government department for a position in passport printing support with ESDC, which falls under the responsibility of the Government of Canada. With his Application, the applicant submitted copies of the hiring materials as well as the job vacancy he applied for, which confirm that the materials are from the PSC for a position with ESDC.

7The Code only applies to matters that fall within provincial jurisdiction. The Application relates to employment in a federal department, and therefore falls exclusively under federal jurisdiction. The Canadian Human Rights Commission has power to deal with various human rights matters that fall under federal jurisdiction.

8The Application is dismissed.