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HUMAN RIGHTS TRIBUNAL OF ONTARIO
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B E T W E E N:
Davies K. Koech
Applicant
-and-
Cargill Meat Solutions, Doug Hayes, Lorri Allard and Tracy Barker
Respondents
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AND B E T W E E N:
Davies K. Koech
Applicant
-and-
United Food and Commercial Workers Locals 175 and 633, Richard Wauhkonen, and Chris Watson
Respondents
______________________________________________________________________
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INTERIM DECISION
______________________________________________________________________
Adjudicator: David Muir
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Date: November 17, 2008
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Citation: 2008 HRTO 274
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Indexed as: Koech v. Cargill Meat Solutions ____________________________________________________________________
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
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[1] These are two Applications filed October 31, 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 Applications.
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[2] The Applications are briefly summarized as follows:
T-0420-08: The applicant, a former employee of the corporate respondent, alleges discrimination in employment by the respondents on the basis of colour and race. The applicant alleges that he was terminated from his employment by the respondents in violation of the Code.
T-0421-08: The applicant alleges discrimination in vocational associations by the respondents, his bargaining agent, on the basis of colour and race. The applicant alleges that he was terminated from his employment by the respondents in violation of the Code.
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[3] The Tribunal’s Rules 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] These Applications arise out of the same 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.
[5] 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 February, 2009.
# [6] I am not seized of these matters.
# Dated at Toronto, this 17^th^ day of November, 2008.
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“Signed by”
_______________________________
David Muir
Vice Chair
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minicounsel