Human Rights Tribunal of Ontario
B E T W E E N:
Daisy Richards
Applicant
-and-
Revera Long Term Care Inc., Mayella Casteneda and Theresa Berdoe
Respondents
-and-
Service Employees International Union Local 1 Canada
Intervenor
INTERIM DECISION
Adjudicator: Naomi Overend Date: June 18, 2010 Citation: 2010 HRTO 1380 Indexed as: Richards v. Revera Long Term Care
1This Application was filed July 3, 2009 pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2This Interim Decision addresses a Request by the Service Employees International Union Local 1 Canada ("SEIU") to intervene in the Application. The SEIU is the certified bargaining agent for the applicant's workplace.
3The SEIU is seeking to intervene on the basis that it may have an interest in the remedies being sought for the applicant. The SEIU asserts that if the Tribunal finds in favour of the applicant, the remedy ordered by the Tribunal "could impact on other employees in the bargaining unit" and/or it could impact on policies of the corporate respondent related to the accommodation of disabled employees, which in turn could impact on employees in the bargaining unit.
4The Request to Intervene was delivered to the applicant as well as the corporate and individually named respondents, but none of the parties filed a response with the Tribunal. The SEIU seeks to participate as an observer on the issue of whether there has been a breach of the Code, but take a more active role in the litigation of remedy. Specifically, it seeks to be able to cross-examine witnesses and make submissions on the issues of remedy.
5In the circumstances I am satisfied that the SEIU should be granted intervenor status on the above terms. In the event that the SEIU believes that it is necessary to take a more active role on the issue of liability or the accommodation of the applicant, it shall make that request to the presiding Vice-chair or Member.
6I am not seized of this matter.
Dated at Toronto, this 18th day of June, 2010.
"signed by"____________
Naomi Overend
Vice-chair