minicounsel

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marlene Teske

Applicant

-and-

Canadian Union of Public Employees, Local 3695

Respondent

AND B E T W E E N:

Marlene Teske

Applicant

-and-

F.J. Davey Home

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: November 12, 2008

Citation: 2008 HRTO 253

Indexed as: Teske v. Canadian Union of Public Employees ____________________________________________________________________

Human Rights Tribunal of Ontario

655 Bay Street, 14^th 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

[1] These are two Applications filed on October 16, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondents have yet to file their Responses (Form B). The Applications are briefly summarized as follows:

T-0361-08: The applicant is Marlene Teske a former employee of the F.J. Davey Home (the respondent in T-0362-08). The respondent is the applicant’s bargaining agent, the Canadian Union of Public Employees, Local 3695 (CUPE). The applicant alleges that she was discriminated against in services on the basis of age and disability.

T-0362-08: The respondent is the applicant’s former employer, the F.J. Davey Home. The applicant alleges that she was discriminated against in employment on the basis of age and disability.

[2] The Tribunal’s Rules for Applications under section 53(3) of the Code are to be interpreted and applied in a way that ensures a fair, just and highly expeditious process for the determination of these applications.

[3] These Applications involve substantially similar facts and appear to raise similar legal issues. Accordingly, I find, pursuant to Rules 1.1, 4.1 and 4.3 (m), that in order to ensure a fair, just and highly expeditious process for their resolution, these applications should proceed together for the purposes of mediation.

[4] In order to assist in scheduling the mediation expeditiously, all parties are requested to provide, within 10 days from the date of this decision, a list of available dates for mediation in January and February 2009.

[5] I am not seized of these matters.

Dated at Toronto, this 12^th day of November, 2008.

“Signed by”

David Muir

Vice-Chair

Teske v. Canadian Union of Public Employees, 2008 HRTO 253

Case Summary

[1] These are two Applications filed on October 16, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondents have yet to file their Responses (Form B). The Applications are briefly summarized as follows:

[2] The Tribunal’s Rules for Applications under section 53(3) of the Code are to be interpreted and applied in a way that ensures a fair, just and highly expeditious process for the determination of these applications.

[4] In order to assist in scheduling the mediation expeditiously, all parties are requested to provide, within 10 days from the date of this decision, a list of available dates for mediation in January and February 2009.

[5] I am not seized of these matters.

Dated at Toronto, this 12^th day of November, 2008.

Teske v. Canadian Union of Public Employees, 2008 HRTO 253

Case Summary

[1] These are two Applications filed on October 16, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondents have yet to file their Responses (Form B). The Applications are briefly summarized as follows:

[2] The Tribunal’s Rules for Applications under section 53(3) of the Code are to be interpreted and applied in a way that ensures a fair, just and highly expeditious process for the determination of these applications.

[4] In order to assist in scheduling the mediation expeditiously, all parties are requested to provide, within 10 days from the date of this decision, a list of available dates for mediation in January and February 2009.

[5] I am not seized of these matters.

Dated at Toronto, this 12^th day of November, 2008.

[1] These are two Applications filed on October 16, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondents have yet to file their Responses (Form B). The Applications are briefly summarized as follows:

[2] The Tribunal’s Rules for Applications under section 53(3) of the Code are to be interpreted and applied in a way that ensures a fair, just and highly expeditious process for the determination of these applications.

[4] In order to assist in scheduling the mediation expeditiously, all parties are requested to provide, within 10 days from the date of this decision, a list of available dates for mediation in January and February 2009.

[5] I am not seized of these matters.

Dated at Toronto, this 12th day of November, 2008.

[1] These are two Applications filed on October 16, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondents have yet to file their Responses (Form B). The Applications are briefly summarized as follows:

[2] The Tribunal’s Rules for Applications under section 53(3) of the Code are to be interpreted and applied in a way that ensures a fair, just and highly expeditious process for the determination of these applications.

[4] In order to assist in scheduling the mediation expeditiously, all parties are requested to provide, within 10 days from the date of this decision, a list of available dates for mediation in January and February 2009.

[5] I am not seized of these matters.

Dated at Toronto, this 12th day of November, 2008.

Dated at Toronto, this 12^th day of November, 2008.

Dated at Toronto, this 12^th day of November, 2008.