John Kovacs v. Arcelor Mittal Montreal Inc., 2009 HRTO 1835

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John Kovacs Applicant

-and-

Arcelor Mittal Montreal Inc. Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim Date: October 30, 2009 Citation: 2009 HRTO 1835 Indexed as: Kovacs v. Arcelor Mittal Montreal

1This is an Application filed December 31, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). The Case Resolution Conference (‘hearing”) in this matter is scheduled for November 3, 2009.

2The applicant filed a Request for Order during Proceedings on October 20, 2009 seeking production of various documents. In light of the scheduled hearing, the Tribunal shortened the usual response time to seven days.

3The Application alleges discrimination on the basis of age, arising out of a mediated early retirement/voluntary severance program negotiated between the respondent and the union. The applicant seeks production of the names of the union members who accepted retirement under the agreement, under which section of the agreement and the criteria applied to those employees.

4I am not satisfied that the documents requested are arguably relevant to the Application. The early retirement/voluntary severance program, including the basis upon which employees can elect early retirement, is quite clear on its face and the requested documents will not be helpful to determining whether the program violates the Code.

5The request for production is refused.