Lisa-Marie Nurse-Bernett v. Kerry’s Place Autism Services, 2009 HRTO 1584

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lisa-Marie Nurse-Bernett

Applicant

-and-

Kerry’s Place Autism Services

Respondent

-and-

Canadian Union of Public Employees, Local 2936-09

Intervenor

interim DECISION

Adjudicator: Kaye Joachim

Date: September 30, 2009

Citation: 2009 HRTO 1584

Indexed as: Nurse-Bernett v. Kerry’s Place Autism Services

1This is an Application filed on June 26, 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 2936-09 (the “Union”) has filed a Request to Intervene to which the applicant has objected. The respondent supports the intervention.

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 and has an interest in the remedies sought by the applicant.

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.

7I am not seized.