Human Rights Tribunal of Ontario
Between:
Rick Dobson Applicant
-and-
Gates Canada Inc. Respondent
Interim Decision
Adjudicator: Brian Cook Date: November 30, 2017 Citation: 2017 HRTO 1593 Indexed as: Dobson v. Gates Canada Inc.
1This Application alleges discrimination with respect to employment because of disability or perceived disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2The applicant states that he believes that his employment was terminated in part because he was perceived to have a disability or that he did have a disability. He alleges that he felt harassed during the process leading to the termination.
3The respondent filed a Response. It denies that the applicant's employment was terminated because of a disability or that he was harassed. The respondent advises that the applicant made a complaint to the Ministry of Labour about workplace harassment and submits that the substance of the Application has therefore been appropriately dealt with and that it should be dismissed on that basis.
4I have reviewed the documents forwarded by the respondent regarding the Ministry of Labour investigation. It appears that the Ministry investigation concerned whether the respondent was in compliance with the requirements of the Occupational Health and Safety Act. These included the obligation to post information about workplace harassment and the procedures to be followed in the event that an employee feels that they have experienced workplace harassment. The employer was also obliged to conduct an investigation of the applicant's complaint. This had not happened when the applicant made the complaint but had happened by the time the Ministry inspector came to the workplace.
5It does not appear that the Ministry of Labour process dealt in any way with the question of whether the applicant had or had not experienced harassment, but only with the requirements of the employer regarding notices and the duty to investigate. The process does not appear to have considered the reasons for the termination of the applicant's employment or whether the termination had anything to do with the applicant's rights under the Code.
6At this time, it does not appear that the Ministry of Labour process appropriately dealt with the substance of the Application and the respondent's request that the Application be dismissed on that basis is denied.
7Within two weeks, the respondent should advise the Registrar, copied to the applicant, if it is prepared to try mediation at the Tribunal. If it is, the Tribunal will schedule a half-day mediation. If the respondent does not wish to try mediation, the Tribunal will schedule a full-day hearing.
Dated at Toronto, this 30th day of November, 2017.
"Signed by"
__________________________________
Brian Cook Vice-chair