Chinedu Egwuenu v. Toronto Catholic District School Board, 2008 HRTO 123

Human Rights Tribunal of Ontario

BETWEEN:

Chinedu Egwuenu Applicant

-and-

Toronto Catholic District School Board, Adrian Della Morra, Bob Dubniak and Linda Moynagh Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: October 2, 2008 Citation: 2008 HRTO 123 Indexed as: Egwuenu v. Toronto (Catholic District School Board)

Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / (toll free) 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca

1This is an Application received August 27, 2008, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). Mediation was scheduled for November 3, 2008. The purpose of this decision is to address the request by the Canadian Union of Public Employees, Local 1328 ("CUPE") to intervene and to issue case management directions.

2The Commission complaint which gives rise to this Application was filed on June 9, 2008 against the Toronto Catholic District School Board and Bob Dubniak, Senior Coordinator of Employee Relations, Andre Della Morra, Principal of St. Mary High School and Linda Moynagh, supervisor of the Human Resources Education Centre.

3When the applicant filed his Application (Form A) with the Tribunal, he listed several other respondents: Maureen Ryan, Daniela Venturin, and Donna Wire, all officers of CUPE, and Denise Carter, national representative responsible for CUPE.

4On September 25, 2008 CUPE submitted a request to intervene in this Application seeking that the application be dismissed or deferred pending the outcome of arbitration on the same matter.

5Section 53(3) applications must be based on the "subject-matter of the complaint" originally filed at the Commission. The parties named in the original complaint are the parties to the Application. Thus, the respondents to this Application are the Toronto Catholic District School Board, Bob Dubniak, Andre Della Morra, and Linda Moynagh.

6The Tribunal's Rules contemplate that requests to add parties, amend the application and consider requests to intervene may be made at the case resolution conference but such requests will only be granted in "exceptional circumstances" where "doing so will not adversely affect the highly expeditious nature of the case resolution conference" (Rule 5.15). Therefore, the Union's request to intervene is premature at this stage.

7Notwithstanding these determinations, it appears the Union's submissions raise a serious question as to whether the Application should be deferred pending the outcome of the grievance proceeding.

8In order for the Tribunal to deal with this issue the Tribunal requires additional submissions from the parties. Therefore, the Tribunal makes the following order:

a. Within 20 days of this decision, the respondents shall deliver to the applicant and file with the Tribunal submissions on the issue whether the Application should be deferred pending the outcome of the grievance proceeding.

b. Within 20 days of receipt of the respondents' submissions, the applicant shall deliver to the respondents and file with the Tribunal his submissions on the issue of whether the Application should be deferred pending the arbitration proceeding.

c. Within 5 days of the receipt of the applicant's submissions, the respondents shall deliver to the applicant and file with the Tribunal its reply, if any, to the applicant's submissions.

9Upon receipt of the submissions, the Tribunal will determine whether oral submissions are required or whether the issue will be decided based on the written submissions and will advise the parties accordingly.

10The mediation scheduled for November 3, 2008 is adjourned.