Durish v. ARAMARK Canada Ltd., 2009 HRTO 1007

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Deborah Durish

Applicant

-and-

ARAMARK Canada Ltd.,

Gillian Delledonne and Jane MacAskill-Babcock

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: July 9, 2009

Citation: 2009 HRTO 1007

Indexed as: Durish v. ARAMARK Canada

1This Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (“the Code”), was filed on the applicant’s behalf through counsel at the Human Rights Legal Support Centre. It alleges harassment and discrimination by Aramark Canada Facility Services #3534847 (“Aramark”) and the two personal respondents while the applicant was employed by Aramark in the cafeteria at the General Motors plant in St. Catharines. The personal respondents were supervisors at the cafeteria. The applicant also named Compass Group Canada Ltd. #4490762 (“Compass”) as a respondent. Compass, it appears, now has the contract to provide cafeteria services at the plant and employs the two personal respondents as supervisors.

2Aramark and the two personal respondents have filed Responses to the Application. Compass filed a Request for Order asking to be removed as a respondent because it was not involved in the alleged actions. It notes that it has no ability to address the allegations because all the relevant records are in the possession of Aramark. Compass has confirmed delivery to the other parties and their counsel, but the other parties filed no submissions in response.

3Aramark advises that its correct legal name is ARAMARK Canada Ltd. The style of cause is corrected accordingly.

4In view of the fact that there are no allegations that Compass violated the Code and that the other parties did not file submissions opposing its removal as a party, Compass Group Canada Ltd. #4490762 is removed as a party to this proceeding and the style of cause is amended accordingly.

5I note that there are various requests made by the other respondents in their Responses. In my view, these are best dealt with following mediation, if no settlement is reached. In light of the consent of the remaining parties to mediation, the Registrar will schedule mediation.

6I am not seized.