Guarda v. Cadbury Adams Canada, 2009 HRTO 892

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jorge Guarda

Applicant

-and-

Cadbury Adams Canada Inc., Heather Sheehan, Ramdeen Naipul and Dean Germain

Respondents

-and-

United Food and Commercial Workers Canada, Locals 175 and 633

Intervenor

interim DECISION

Adjudicator: Kaye Joachim

Date: June 22, 2009

Citation: 2009 HRTO 892

Indexed as: Guarda v. Cadbury Adams Canada

1This is an Application filed on December 29, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The applicant alleges that he has suffered discrimination in the area of employment on the basis of disability.

2On January 23, 2009, the United Food and Commercial Workers Canada, Locals 175 and 633 (“UFCW” or the “union”) filed a request to intervene. The applicant is a member of the bargaining unit represented by the union. The union seeks to intervene to ensure that any remedy does not have an adverse impact on the interpretation or application of the collective agreement. Neither party filed any submissions opposing the union’s request to intervene.

3In these circumstances, I find that it is appropriate to permit the union to intervene. 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.