Dave Weir v. Her Majesty the Queen as Represented by the Ministry of Community Safety and Correctional Services, 2010 HRTO 1043

Human Rights Tribunal of Ontario

B E T W E E N:

Dave Weir

Applicant

-and-

Her Majesty the Queen as Represented by the Ministry of Community Safety and Correctional Services

Respondent

-and-

Ontario Public Service Employees Union

Intervener

INTERIM DECISION

Adjudicator: Michelle Flaherty Date: May 10, 2010 Citation: 2010 HRTO 1043 Indexed as: Weir v. Ontario (Community Safety and Correctional Services)

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code") in which he alleges discrimination in the context of employment on the basis of disability. The applicant also alleges reprisal or threat of reprisal. In essence, the applicant is alleging that the respondent discriminated against him by failing to facilitate his return to work following a period of disability.

2The respondent filed a Request for an Order During Proceedings ("Request") seeking the deferral of the Application pending the outcome of grievance proceedings. The respondent has also asked for an order deferring the filing of the Response. The respondent states that the applicant has filed a number of grievances based on the same facts and issues as the Application.

3The applicant has not responded to the Request and the time for doing so has elapsed.

4The applicant's union, the Ontario Public Service Employees Union ("Union"), has filed a Request to Intervene. The Union states that the relief requested in the Application may affect the operation of the collective agreement and members' rights under the agreement.

5Neither the applicant nor the respondent have responded to the Union's Request to Intervene and the time for doing so has elapsed.

6The Union has received a copy of the respondent's Request and has indicated that it may wish to make submissions regarding the deferral issue.

UNION'S REQUEST TO INTERVENE

7The Tribunal indicated in Boyce v. Toronto Community Housing Corporation, 2009 HRTO 131 that:

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.

8I am satisfied that the Union has the requisite interest in this Application. The Union is granted leave to intervene. Should the Application proceed to hearing, the scope of the Union's intervention will be determined by the adjudicator hearing the matter.

9As it appears the Union has not received it, the Registrar will deliver a copy of the Application to the Union.

REQUEST TO DEFER

10In the circumstances, it is appropriate that the Union have an opportunity to make submissions on the deferral issue. Within ten days of the date of this Interim Decision, the Union may serve on the parties and file with the Tribunal written submissions addressing whether the Application should be deferred in light of ongoing grievances.

11If the Union does not provide such submissions within ten days of the date of this Interim Decision, the Tribunal may decide the issue based on the materials already filed or issue further directions.

12The parties are not required to take any further steps until the deferral issue has been determined by the Tribunal.

13I am not seized of this matter.