Uncertainty over date of last incident, reason for termination raise timeliness, jurisdictional concerns
The Ontario Human Rights Tribunal has dismissed a worker’s discrimination claim against his former employer due to the allegations being untimely and a lack of factual connection to protected human rights grounds.
The worker was employed with Co-Ex-Tec, an automotive parts manufacturer in Concord, Ont. According to the worker, he reported workplace safety hazards to the company multiple times between December 2020 and April 2021. However, Co-Ex-Tec didn’t address his concerns.
On May 6, 2021, the worker went off work for medical reasons. However, he continued to report his safety concerns to the company during his absence.
On Jan. 28, 2022, Co-Ex-Tec advised the worker that if he didn’t return to work or provide adequate documentation to support his absence by Feb. 14, it would consider him to have abandoned his employment. The worker didn’t, so the company sent him a termination letter on Feb. 14 by registered mail. According to the worker, he didn’t receive the termination letter until March.
The worker contacted Co-Ex-Tec on April 22 with what he called a “final attempt” to address the workplace safety hazards, but again the company took no action.
On Feb. 21, 2023, the worker filed an application alleging employment discrimination because of colour, ethnic origin, and race. He alleged that Co-Ex-Tec discriminated against him...
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