Human rights complaint against City of Ottawa over termination dismissed after worker didn’t provide specifics of wrongdoing

The Ottawa sign in Canada's capital city. Photo: Jacob Meissner

A human rights complaint against the City of Ottawa has been dismissed for lack of evidence.

Fadi Al Shikh filed a complaint of discrimination against Ottawa Public Health after being terminated. The application alleged discrimination in employment because of colour, ethnic origin and race contrary to Ontario’s Human Rights Code.

The tribunal sent Al Shikh a Notice of Intent to Dismiss the Application on April 11, 2022, because there simply wasn’t enough information.

“The Application fails to set out a coherent narrative that explains the particulars of the alleged discrimination and discloses a basis on which the applicant’s allegations are connected to the Code and to the respondent,” wrote adjudicator Joseph Tascona. “The Tribunal directed the applicant to file a concise statement that clearly describes each incident of alleged discrimination in chronological order, including the date, place and people involved.”

Simply put, an employee can’t allege mistreatment without providing specifics.

“A bald assertion that the adverse treatment they received was owing to their enumerated ground is not enough to provide the required factual basis,” wrote Tascona.

The application was dismissed.

For more information see Al Shikh v. Ottawa (City), 2022 HRTO 712 (CanLII).


About HR Law Canada 593 Articles
HR Law Canada posts are written by the team at North Wall Media, publishers of this media brand.