Terry Lumley v. Trillium Lakelands District School Board, 2009 HRTO 1571

Human Rights Tribunal of Ontario

B E T W E E N:

Terry Lumley

Applicant

-and-

Trillium Lakelands District School Board

Respondent

-and-

Canadian Union of Public Employees, Local 997

Intervenor

interim DECISION

Adjudicator: Kaye Joachim

Date: September 28, 2009

Citation: 2009 HRTO 1571

Indexed as: Lumley v. Trillium Lakelands District School Board

1This is an Application filed on April 14, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

2The Canadian Union of Public Employees, Local 997 (the “Union”) has filed a Request to Intervene. Neither the applicant nor the respondent filed any response.

3The Union is the bargaining agent for a unit of employees employed by the corporate respondent and the applicant is a member of the Union. The Union indicates that it has knowledge of the history of the facts and issues in the Application.

4The Tribunal’s Rule 11.2 provides:

11.1 The Tribunal may allow a person or organization to intervene in any case at any time on such terms as the Tribunal may determine. The Tribunal will determine the extent to which an intervenor will be permitted to participate in a proceeding.

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.

6The Request to Intervene is granted. The extent of the Union’s participation in any future proceedings will be determined by the Vice-chair or Member who presides over those proceedings.

7The respondent has raised a preliminary request for early dismissal in a letter dated August 26, 2009. The respondent is directed to fie a Request for Order during Proceeding if they wish to pursue this preliminary objection.