Long Vo v. Complex Services Inc. o/a Fallsview Casino, 2010 HRTO 617

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Long Vo Applicant

-and-

Complex Services Inc. o/a Fallsview Casino Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim Date: March 22, 2010 Citation: 2010 HRTO 617 Indexed as: Vo v. Complex Services

1This Interim Decision deals with the applicant’s Request for Order During Proceedings seeking the addition of a party, an order requiring witnesses to testify and a request for production of documents and information. A hearing in this matter is scheduled for April 13, 2010.

Addition of a Party/Requiring the Testimony of a Witness

2The applicant seeks to add Carrie Papez as a personal respondent and/or an order directing her to testify at the hearing. Ms. Papez held the position of Pit Manager at the material time and is not referred to in the applicant’s application. Therefore, there is no basis to add her as a respondent.

3If the applicant wishes Ms. Papez to provide evidence, he may issue a summons to her, together with conduct money. The Tribunal has enclosed a summons to witness with the Interim Decision.

Production of Documents

4The applicant sought production of all “personal documents” held by the respondent. The respondent states that they have disclosed all arguably relevant documents from the applicant’s employment file and human resources file. I am not satisfied that there is any basis to order further disclosure. If the applicant is aware of any specific document that has not been produced, he may identify such a request to the respondent.

Request for Information

5The applicant made a request for information about the racial composition of the workplace, including the proportion of employees who self-identify as Asian. The respondent has provided this information in their Response to Request for Order and I am satisfied that no further order is required.

Requiring Witnesses to Testify

6The applicant has asked that Mr. March and Mr. Kipp be required to provide evidence. The respondent has indicated that they intend to call these persons as witnesses. In any event, it is open to the applicant to call these witnesses himself and no order from the Tribunal to this effect is required.

7Similarly, the applicant asks that the person who made the decision to eliminate the applicant’s position be called as a witness. The respondent has indicated that they intend to call these persons as witnesses. In any event, it is open to the applicant to call these witnesses himself and no order from the Tribunal to this effect is required.