John D’Souza v. Kraft Canada Inc., 2009 HRTO 152

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John D’Souza

Applicant

-and-

Kraft Canada Inc., Scott Hanneson, Gary Landry and Martin Faherty

Respondents

-and-

International Association of Machinists and Aerospace Workers, Lodge 235

Intervenor

INTERIM DECISION

Adjudicator: Leslie Reaume

Date: February 11, 2009

Citation: 2009 HRTO 152

Indexed as: D’Souza v. Kraft Canada

1This Interim Decision addresses a Request to Intervene by the International Association of Machinists and Aerospace Workers, Lodge 235 (the “union”), the applicant’s certified bargaining agent.

2The union is seeking to intervene on the basis that it has an interest in the outcome of the litigation. The union asserts that if the Tribunal finds in favour of the applicant, the remedies ordered by the Tribunal could have a considerable impact on the union’s bargaining unit members including seniority rights, policies, procedures and training in the workplace.

3The Request to Intervene was delivered to the applicant as well as the corporate and individually named respondents. None of the parties have responded to the Request.

4In the circumstances I am satisfied that the union should be granted intervenor status on the terms it has requested. It is not necessary to include in the order the right of the union to have an observer in attendance at the hearing since the hearings of the Tribunal are open to the public. The intervenor will also receive copies of notices and decisions from the Tribunal as a result of being added to this Application.

Order

5The International Association of Machinists and Aerospace Workers, Lodge 235 is added to this Application as a non-party intervenor on the following terms:

a. The Registrar will provide the union with copies of the materials filed by the parties to date;

b. The parties are instructed to copy the union with any subsequent materials in this matter

c. The union may make final submissions with respect to the issue of remedies on terms established by the hearing Adjudicator.

6I am not seized of this matter.