HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Paul Rodriques

Applicant

-and-

Toronto Community Housing Corporation

Respondent

-and-

Canadian Union of Public Employees, Local 416

Intervenor

interim decision

Adjudicator: Keith Brennenstuhl

Date: May 31, 2011

Citation: 2011 HRTO 1041

Indexed as: Rodriques v. Toronto Community Housing Corporation

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination on the basis of race, colour, place of origin and reprisal or threat of reprisal in the area of employment.

2The purpose of this Interim Decision is to address a Request to Intervene filed by the Canadian Union of Public Employees, Local 416 (the “Union”).

REQUEST TO INTERVENE

3On December 4, 2009, the Union filed a Request to Intervene, indicating that the Application engages the collective agreement to which the Union is a party.

4Neither party to this Application has responded to the Union’s Request, and the time for doing so has elapsed.

5The Tribunal indicated in Boyce v. Toronto Community Housing Corporation, 2009 HRTO 131, at para. 13, 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.

6I am satisfied that the Union has the requisite interest in this Application. The Union is granted leave to intervene. The scope of the Union’s intervention may be determined by the adjudicator hearing the matter.

7I am not seized.