Carrillo v. Amore Food Group, 2009 HRTO 1335

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ritha Carrillo

Applicant

-and-

Amore Food Group, Nadjeda Glebova and Valeria Edelenji

Respondents

INTERIM DECISION

Adjudicator: Eric Whist

Date: August 27, 2009

Citation: 2009 HRTO 1335

Indexed as: Carrillo v. Amore Food Group

1The applicant has filed two Applications under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code"). This decision is in response to a further Request for an Oder During Proceedings (the Request) filed by the applicant on July 10, 2009.

2The first Application (T-0376-08) was initially filed with the Ontario Human Rights Commission in May 2008 and then filed with the Tribunal under section 53(3) of the Code on October 15, 2008. It alleges discrimination in employment on the grounds of ancestry, ethnic origin, disability, and sex. It names Amore Food Group as the organizational respondent and Nadia Deeb as the personal respondent. The Application's allegations focus on the way the applicant was treated by her supervisor, named as Nadia Deeb, during the period of October 2007 to March 2008.

3The second Application (2008-00606-I) was filed with the Tribunal on October 17, 2008. It alleges discrimination in employment on the grounds of ancestry, ethnic origin, disability, sex and reprisal or threat of reprisal. It names Amore Food Group as the organizational respondent and Nadia Deeb and Valeria Edelenji as personal respondents. The Application's allegations focus on the way the applicant was treated by her supervisor, named as Nadia Deeb, during the period May to September 2008 at which time the applicant was terminated from her employment. The Application also contends that the applicant was subject to reprisal for having filed her first Application. In its Response the respondents indicate that there is no such person as Nadia Deeb working for the organizational respondent.

4The applicant's Request asks that the two Applications be consolidated and be heard together given that they involve the same parties and the same employment situation. It also asks that the Applications be amended to reflect that Nadjeda Glebova is a personal respondent, not Nadia Deeb as this was simply an error by the applicant in accurately naming her supervisor. The applicant provides a written staff list for the organizational respondent to show that Nadjeda Glebova is a group supervisor. In the alternative the applicant asks that Nadjeda Glebova be added as a personal respondent.

5The respondents have not provided a response (Form 11) to this Request.

6I am prepared, based on the information before me, to grant the applicant's request to have the Applications heard together. They involve the same parties and issues. It is noted that the two Applications are subject to two different sets of rules of procedure given that one Application was first filed with the Ontario Human Rights Commission and then with the Tribunal under section 53(3) of the Code, the other first filed with the Tribunal after June 30, 2008. In order to effectively hear these Applications together one set of rules will apply, the Rules of Procedure [governing] Applications under the Human Rights Code, Part IV, in effect for applications filed since June 30, 2008.

7The personal respondent, Nadia Deeb, will be changed to Nadjeda Glebova as I am satisfied Ms. Glebova is the person the applicant wished to originally name. The organizational respondent is directed to confirm within 14 days of receipt of this decision whether the new personal respondent can be served at the organizational respondent's address or else provide the Tribunal with contact information for the new personal respondent.

8It is further noted that the Tribunal has a Response from the respondents to the second Application (2008-00606-I) but no Response(s) to the first (T-0376-08). There is a possibility that the respondents have already filed such a Response(s). If so they are asked to re-file their Response(s) to Application T-0376-08. If not, the Tribunal directs the respondents to file Response(s) within 21 days after which the applicant has a further 14 days to provide a Reply.

ORDER

9The Tribunal makes the following order:

1. Applications T-0376-08 and 2008-00606-I will be heard together;

2. Both applications will be amended to indicate that Nadjeda Glebova is a personal respondent not Nadia Deeb.

9I am not seized of this matter.