HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
James Ellis and the Applicants listed on Schedule “A”
Applicants
-and-
Petro-Canada Inc. and the Respondents listed on Schedule “A”
Respondents
INterim DECISION
Adjudicator: Kaye Joachim
TR-0584-09; TR-0585-09; TR-0617-09; TR-0618-09; TR-0623-09; TR-0626-09; TR-0632-09; TR-0652-09; TR-0688-09; TR-0695-09; TR-0699-09; TR-0712-09; TR-0716-09; TR-0759-09; TR-0763-09
Indexed as: Ellis v. Petro-Canada
INTRODUCTION
1This Interim Decision addresses a Request by the applicants to process their Applications together. The Request is opposed by the respondents.
2The Tribunal received 20 transitional Applications against the respondents. The applicants are former employees of the corporate respondent who, except for one, were given severance packages in or around May 2005 following a downsizing by the corporate respondent. The applicants all allege that the decision to terminate their employment and not redeploy them elsewhere in the corporate respondent was because of their age and or disability. Some applicants additionally allege reprisal. Two applicants additionally allege sex and family status.
3The applicants seek to have the Applications heard together on the basis that there was a pattern of systemic discrimination in the decision who to lay-off and/or redeploy. A significant aspect of the allegation of discrimination is that the corporate respondents created a ranking of employees and considered age and participation in the attendance management program as factors in ranking the employees.
4The respondents oppose hearing the Applications together on the basis that the circumstances surrounding the termination of each applicant’s employment was different, they worked in different areas and some of them have alleged different grounds of discrimination.
5The Tribunal’s Rules for Transitional Applications under 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.
6These Applications involve allegations of a systemic pattern of discrimination on the basis of age and disability and reprisal. 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.
7However, in light of the numerous parties, significant case management and co-operation by the parties is required.
8The Tribunal will convene an in-person case management meeting to discuss the designation of a spokesperson for the applicants, the respondents’ request for removal of the personal respondents, a process for mediation, and other case management issues.
9To assist the Tribunal in scheduling this case management meeting, every applicant and respondent or counsel is directed to advise the Tribunal within 15 days of receipt of this Interim Decision of their availability for a case management meeting on any of the following dates: November 16, 20, 23 and 27, 2009.
Dated at Toronto, this 9^th^ day of September, 2009.
“Signed by”
Kaye Joachim
Alternate Chair
Schedule “A”
APPLICANTS
RESPONDENTS
James Ellis
T-0190-08
Petro-Canada Inc. Ron Brenneman John Ferris Rich Rattray
Kevin Howard Lowe
T-0741-08
Petro-Canada Inc. John Ferris Jean Coté
Frank Kasmara
TR-0511-09
Petro-Canada Inc. Robert Barnhart John Ferris Nadia Tataryn
William Brown
TR-0580-09
Petro-Canada Inc. John Ferris Richard Rattray
Robert Paterson
TR-0582-09
Petro-Canada Inc. John Ferris Peter Hoorne
Richard Kelso
TR-0584-09
Petro-Canada Inc. John Ferris Richard Rattray
George Heelis
TR-0585-09
Petro-Canada Inc. John Ferris
Thomas Saunders
TR-0617-09
Petro-Canada Inc. Robert Barnhart John Ferris
Robert Waddell
TR-0618-09
Petro-Canada Inc. Robert Barnhart John Ferris
Radcliffe Meikle
TR-0623-09
Petro-Canada Inc.
William Michaluk
TR-0626-09
Petro-Canada Inc. John Coté John Ferris Mike Lyons
Steven Bowie
TR-0632-09
Petro-Canada Inc. Robert Barnhart John Ferris
Helen Solski
TR-0652-09
Petro-Canada Inc. John Ferris Richard Rattray
Susan Cassady
TR-0688-09
Petro-Canada Inc. John Coté John Ferris Nadia Tataryn
Robert March
TR-0695-09
Petro-Canada Inc. Robert Barnhart John Ferris
Dennis Reeves
TR-0699-09
Petro-Canada Inc. John Ferris
Morris Kocken
TR-0712-09
Petro-Canada Inc. John Ferris Richard Rattray Nadia Tataryn
Richard Dimock
TR-0716-09
Petro-Canada Inc. Don Cyr John Ferris Nadia Tataryn
William Rainey
TR-0759-09
Petro-Canada Inc. John Coté John Coutu Maureen Cividino
Robert Kreuger
TR-0763-09
Petro-Canada Inc. Robert Barnhart John Ferris