Tribunal decides Ontario banker's case should be federal matter
An Ontario-based bank employee’s discrimination in employment application has been dismissed because it should be a federal matter, the Ontario Human Rights Tribunal has ruled.
The worker was employed at an Ontario branch of the Bank of Nova Scotia in an information technology (IT) position. A third-party supplier of temporary personnel recommended the worker for the job, and she worked under an employment contract with the bank.
The worker filed an application with the Ontario Human Rights Tribunal alleging discrimination in her employment in the area of contracts. Her application named the bank, but not the third-party personnel supplier.
The bank requested that the tribunal dismiss the worker’s application on the basis that the tribunal had no jurisdiction to hear it. Since the worker’s application was specifically directed at the bank, it fell within exclusive federal jurisdiction, the bank argued.
Discrimination occurred in Ontario
The tribunal sought submissions from the worker regarding the bank’s request to dismiss. The worker contended that the Ontario tribunal had jurisdiction because his role was in IT and not directly involved in banking services. The worker also argued that all the individuals involved in the discrimination worked in Ontario, as she did.
The worker also pointed out that the Ontario tribunal didn’t immediately dismiss his application and instead sought submissions from the bank before making its decision on jurisdiction.
The tribunal noted that its mandate was to administer the Ontario Human Rights Code, which applies only to matters under provincial jurisdiction. Federally, the Canadian Human Rights Act governed human rights issues and the Canadian Human Rights Tribunal handled such matters, the tribunal said.
The tribunal also pointed out that the banking industry falls under federal jurisdiction, as outlined in the Constitution Act, 1867. As a result, employment in banks also falls under that jurisdiction.
All bank employees under federal jurisdiction
The tribunal disagreed with the worker about the nature of his job, as it was well established that “federal jurisdiction over employment in banks is exclusive, regardless of whether an individual employee’s job relates to the core of ‘banking’ and regardless of whether the individuals involved are working within one province.” Labour and employment relations fell within the “core of federal undertakings,” said the tribunal.
As for its decision to seek submissions from the worker rather than diverting it to the Canadian Human Rights Tribunal, that did not confer jurisdiction over a federal matter to the Ontario tribunal, as
that is determined by the constitutional division of powers,” said the tribunal in dismissing the worker’s application. See Chander v. Bank of Nova Scotia, 2023 HRTO 1487.
