Peter Cressman v. Guelph General Hospital, 2008 HRTO 228

Human Rights Tribunal of Ontario

B E T W E E N:

Peter Cressman Applicant

-and-

Guelph General Hospital, Kelly Robinson, Carol Watson, and Ronald Thertell Respondents

INTERIM DECISION

Adjudicator: Michael Gottheil Date: November 4, 2008 Citation: 2008 HRTO 228 Indexed as: Cressman v. Guelph General Hospital

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1This is an Application filed July 18, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The Application alleges discrimination in employment on the ground of disability. One of the central issues in this case is an allegation that the respondent Hospital has failed to accommodate the applicant's needs given his disability.

2The applicant and all respondents indicated a willingness to participate in mediation.

3The applicant is a member of a bargaining unit represented by the Canadian Union of Public Employees ("CUPE"). On September 11, 2008 CUPE filed a Request to Intervene in these proceedings.

4The applicant responded to the Request to Intervene indicating he opposes the proposed intervention. The respondents have not filed a response to CUPE's request.

5In the circumstances it appears appropriate to defer dealing with the request to intervene in a formal way, until after the mediation. CUPE will be given notice of the mediation and the parties, in consultation with the mediator, can discuss the nature of CUPE's involvement in the mediation. The Tribunal notes that in light of CUPE's role as bargaining agent and party to a collective agreement covering the terms and conditions of the applicant's employment, it is likely useful and perhaps necessary for CUPE to be involved in the mediation.

6This matter is referred to the Registrar to schedule a mediation. I am not seized of this matter.