A 73-year-old sales associate who alleged age, race, and ethnic discrimination against Leon’s Furniture has had his complaint dismissed by the Human Rights Tribunal of Ontario.
N.H., who was employed by Leon’s Furniture from August 2021 until his termination in January 2022, cited incidents that he believed affected his employment conditions and eventual termination.
The Tribunal’s summary hearing aimed to determine whether his application had a reasonable prospect of success based on the evidence presented. According to the HRTO’s Rules of Procedure, a summary hearing can result in the dismissal of an application if it is evident that the claims are unlikely to succeed.
N.H. alleged that he was promised benefits entitlement during his initial interview, which Leon’s Furniture denied. His benefits entitlement was governed by an Employment Agreement, Associate Handbook, and the benefits insurer Desjardins Insurance, which determined he was not entitled to the benefits under their plan.
He further claimed that his colleagues, referred to as the “South Asian Group,” discriminated against him by making inappropriate comments and isolating him from the sales team, which impacted his ability to earn commissions. However, N.H. could not provide specific details such as dates, times, and the individuals involved to support these allegations.
Additionally, N.H. alleged that he was unfairly scheduled to work with more sales associates on his shift and was not given an iPad for eight weeks after starting his employment, making it harder for him to close sales. Leon’s Furniture explained that there was a shortage of iPads due to a new ordering practice, and N.H. had access to an alternate system for entering orders during this period.
Regarding the termination of his employment, N.H. believed it was without cause. However, the Tribunal noted that he was provided with payment in lieu of notice, in compliance with the Employment Agreement. An employment standards claim filed by N.H. with the Ministry of Labour (MOL) seeking commission payments was also dismissed, with the MOL determining that all wages owed to him had been paid by Leon’s Furniture.
The Tribunal, in its decision, emphasized that for an application to proceed to a full hearing, there must be evidence beyond mere speculation and accusations to show a breach of the Code. In N.H.’s case, despite assuming the facts he presented were true, the Tribunal found no reasonable prospect of success in proving his allegations.
“The Tribunal ‘does not have jurisdiction over general allegations of unfairness unrelated to the Code,'” it said. It further noted that N.H. failed to provide any evidence that could reasonably establish a link between the alleged discriminatory conduct and the grounds protected by the Code.
For more information, see Hosseinzadeh v. Leon’s Furniture Ltd., 2024 HRTO 987 (CanLII).
