Aleman v. Cott Beverages Canada, 2009 HRTO 1403

Editor’s Note: Corrigendum released September 9, 2009. Original judgment has been corrected accordingly.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jesus Aleman

Applicant

-and-

Cott Beverages Canada, a division of Cott Corporation

Respondent

-and-

Teamsters Local Union 938

Intervenor

INTERIM DECISION

Adjudicator: Kaye Joachim Date: September 3, 2009 Citation: 2009 HRTO 1403 Indexed as: Aleman v. Cott Beverages Canada

1This is an Application filed June 26, 2009 under section 53(5) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”).

2The purpose of this Interim Decision is to address the request by the Teamsters Local Union 938 (the “Teamsters”) for non-party intervenor status in this proceeding.

3On June 24, 2009, the Teamsters filed a Request to Intervene on the basis that the applicant was a member of the Teamster’s bargaining unit, that they had been involved in the applicant’s attempts to resolve his workplace disputes with the respondent and that they have an interest in the remedies being sought.

4The respondent supports the request for intervention and the applicant opposed it on the basis that the applicant believed that the Teamsters had not represented him fairly.

5As stated by this Tribunal in Boyce v. Toronto Community Housing Corporation, 2009 HRTO 131 at para. 13:

A union or association nearly always has an interest in a human rights application brought by an employee in a bargaining unit it represents when the application alleges discrimination in employment. Absent exceptional circumstances, the applicant’s bargaining agent will be granted intervention status in Tribunal proceedings where it requests it.

6I do not find any exceptional circumstances that would weigh against granting the Teamsters intervenor status. Accordingly, the Teamsters is hereby granted non-party intervenor status. The extent of the intervenor’s participation in mediation or at the hearing will be determined by the Member at the appropriate time. The parties shall provide to the Teamsters all material that each of them has filed with the Tribunal and will continue to copy the Teamsters on all written communications with the Tribunal.

7I am not seized.