Paterno v. Salvation Army, 2010 HRTO 2044

Human Rights Tribunal of Ontario

B E T W E E N:

Frank Paterno

Applicant

-and-

The Salvation Army, Centre of Hope, Nancy Kerr and Nancy Powers

Respondents

A N D B E T W E E N:

Frank Paterno

Applicant

-and-

The Salvation Army, Centre of Hope

Respondent

A N D B E T W E E N:

Frank Paterno

Applicant

-and-

The Salvation Army, Mary-Ellen Jacobs, William Francis and Lee Graves

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: October 7, 2010

Citation: 2010 HRTO 2044

Indexed as: Paterno v. Salvation Army

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), in which a telephone hearing has been scheduled on the question of whether the Application should be dismissed pursuant to s. 45.1 of the Code as a result of the decision of a labour arbitrator (see 2010 HRTO 2021).

2It appears that this Application raises significant issues regarding the interpretation of s. 45.1 in the context of labour arbitration decisions. I note that the interpretation of s. 45.1, and the meaning of the word "appropriately" in that section, has been the subject of some recent decisions of the Tribunal: see, among others, Trozzi v. College of Nurses of Ontario, 2010 HRTO 1892; Barker v. Service Employees International Union, 2010 HRTO 1921; and McNally v. OPSEU Pension Trust, 2010 HRTO 1929.

3It would be of assistance to the Tribunal if the parties filed written legal submissions on these issues two weeks in advance of the hearing, together with any cases upon which they intend to rely.

4A copy of this Interim Decision shall be sent to the Ontario Human Rights Commission and the Ontario Labour-Management Arbitrators' Association. Should either of them, the applicant's Union, or any other organizations wish to intervene, they shall file their Request to Intervene by October 27, 2010.