Kim Craig v. Nemak of Canada Corporation, 2009 HRTO 1807

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kim Craig

Applicant

-and-

Nemak of Canada Corporation, Mike Ashton, Joe Bechard, Dino De Simone, Rebecca Hickson, Terry Scherback and Mark Woolson

Respondents

-and-

CAW- Canada Local 200

Intervenor

interim DECISION

Adjudicator: Kaye Joachim

Date: October 29, 2009

Citation: 2009 HRTO 1807

Indexed as: Craig v. Nemark of Canada

1This is an Application filed on June 23, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

2CAW-Canada Local 200 (the “Union”) has filed a Request to Intervene to which the applicant has not objected. The respondents did not file a 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 its interests may be affected by the issues and remedies.

4The Tribunal’s Rule 11 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.