Cozy Sosoo v. Winners Merchants Inc., 2009 HRTO 301

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Cozy Sosoo

Applicant

-and-

Winners Merchants Inc.

Respondent

-and-

UNITE HERE Ontario Council

Intervenor

INTERIM DECISION

Adjudicator: Judith Keene

Date: March 16, 2009

Citation: 2009 HRTO 301

Indexed as: Sosoo v. Winners Merchants

INTRODUCTION

1This is an Interim Decision in respect of an Application filed with the Tribunal on January 14, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The purpose of this Interim Decision is to consider the Request to Intervene made by the applicant’s union, the UNITE HERE Ontario Council (the “union”).

2In this Application, the applicant alleges discrimination and harassment in employment, on the ground of race, ancestry, place of origin, ethnic origin and disability. The union is the bargaining agent for employees in the applicant’s workplace.

3The union seeks to intervene in accordance with Rules 11.2 and 11.3 of the Tribunal’s Rules of Procedure. The union states that it was involved in grievances filed by or on behalf of the applicant and that it has an interest in this matter.

4The applicant did not take advantage of his opportunity under Rule 11.4 to file a response to the Request to Intervene, and has therefore neither agreed nor objected to the proposed intervention. The respondent consents to the intervention.

5The issues raised in this Application potentially affect every employee in the applicant’s workplace. If the applicant establishes the existence of actions or practices that offend the Code, any remedies awarded might also affect employees other than the applicant, and might also affect the union itself. The union therefore has a significant interest in the outcome of the Application.

6To minimize the risk of undue delay or prejudice to the determination of the rights of applicant and respondent, the union’s request to intervene is granted, but intervention should be as an observer rather than as a party.

ORDER

7UNITE HERE Ontario Council is added to this Application as a non-party intervenor on the following conditions:

1The union may attend the mediation as an observer.

2At any subsequent hearing in this matter, the union is not entitled to lead any evidence or to cross-examine any witnesses. The union may make submissions as to remedy. The union’s submissions must focus on its perspective as the bargaining agent for its members.

8The parties are instructed to copy the union with any subsequent materials in this matter.

9The Registrar will provide the union with copies of the Application, Response and Reply.

10I am not seized of this matter.