Slattery v. Halton Catholic District School Board, 2009 HRTO 2284

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karen Slattery

Applicant

-and-

Halton Catholic District School Board, Joseph O’Hara, Augie Calandrino, Rick McDonald, Emily Dumont, Amber McGoldrick and Maria Kucherawy

Respondents

-and-

Ontario English Catholic Teachers Association Occasional Teachers – Halton Elementary Unit

Intervenor

interim decision

Adjudicator: Keith Brennenstuhl

Date: December 31, 2009

Citation: 2009 HRTO 2284

Indexed as: Slattery v. Halton Catholic District School Board

1This is an Application filed May 11, 2009 under section 53(5) of the Human Rights Code, R.S.O, c. H. 19 as amended (the “Code”). The Application alleges that the applicant’s right to equal treatment with respect to employment without discrimination has been infringed.

2The Ontario English Catholic Teachers Association Occasional Teachers–Halton Elementary Unit (the “Association”) has filed a Request to Intervene. The respondents support the Request. The applicant has not filed a response to the Request.

3The Association is the bargaining agent for a unit of employees employed by the corporate respondent. The applicant is a member of the Association as are two of the personal respondents. The Association indicates that its interests may be affected by the issues and remedies.

4Rule 14.1 of the Rules of Procedure for Transitional Applications provides:

14.1 The Tribunal may allow a person, organization or the Commission 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 noted 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 Association’s participation in any future proceedings will be determined by the Vice-chair or Member who presides over those proceedings.

7I am not seized.