Lamoureux v. United Food and Commercial Workers Union Local 12R24, 2008 HRTO 254

Human Rights Tribunal of Ontario

B E T W E E N:

Ken Lamoureux

Applicant

-and-

United Food and Commercial Workers Union Local 12R24 and Rob Edwards

Respondents

AND B E T W E E N:

Ken Lamoureux

Applicant

-and-

Brewers Retail Inc. o/a The Beer Store and Mr. W. Fin Melville

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: November 12, 2008 Citation: 2008 HRTO 254 Indexed as: Lamoureux v. United Food and Commercial Workers Union Local 12R24

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

1These are two Applications filed October 24, 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 not yet filed their Responses (Form B) which are due 35 days after they received the applicant's Application (Form A).

2The Applications are briefly summarized as follows:

T-0400: The respondents are the United Food and Commercial Workers Union Local 12R24 and Mr. Edwards. The applicant alleges discrimination in employment by the respondents on the basis of disability.

T-0401: The respondents are The Beer Store and Mr. Melville. The applicant alleges discrimination in employment by the respondents on the basis of disability.

3The 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.

4These Applications involve 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.

5In order to assist in scheduling the mediation expeditiously, all parties are requested to provide the Registrar-Transition, within 10 days from the date of this decision, with a list of available dates for mediation in February 2009.

6I am not seized of these matters.