Ken Willard v. City of Toronto and Raymond Kessler, 2011 HRTO 150

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ken Willard

Applicant

-and-

City of Toronto and Raymond Kessler

Respondents

-and-

Canadian Union of Public Employees, Local 79

Intervenor

INTERIM DECISION

Adjudicator: Ena Chadha

Date: January 21, 2011

Citation: 2011 HRTO 150

Indexed as: Willard v. Toronto (City)

1The applicant filed an Application on October 8, 2010 under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), in which he alleges discrimination and harassment with respect to employment on the basis of age.

2The Application was served on the respondents and Canadian Union of Public Employees, Local 79 (“CUPE Local 79”), the applicant’s union, as a named affected party.

3The respondents filed a Response on November 29, 2010. In their Response, the respondents request the Tribunal dismiss the Application on the basis of that the applicant signed a final release with respect to the same issues in dispute in the Application. The respondents submit that the applicant entered into Minutes of Settlement in November 2008 with respect to two grievances, one of which included allegations of age discrimination.

4On November 30, 2010, CUPE Local 79 filed a Request to Intervene on the basis that it wishes to address the various claims made by the applicant, including that his union did not appropriately address his grievances. CUPE Local 79 submits that the applicant participated in the settlement of his grievances, including a grievance alleging harassment and discrimination.

5In his Reply, filed on December 15, 2010, the applicant opposes the respondents’ request to dismiss and submits the subject matter of the Application is different from his previous grievances and settlement.

6Neither the applicant nor the respondents have filed any submissions in response to CUPE Local 79’s proposed intervention and the timeline for doing so has elapsed.

REQUEST TO INTERVENE

7The applicant’s union, CUPE Local 79, seeks to intervene pursuant to Rule 11 of the Tribunal’s Rules of Procedure. In accordance with the Tribunal’s standard practice where an applicant is a member of a bargaining unit represented by the union, CUPE Local 79’s request to intervene is granted. Accordingly, the style of cause is amended to reflect the same.

FULL AND FINAL RELEASE

8The Tribunal determines that it is appropriate to hear submissions as to whether or not some, all or none of this Application can proceed because the applicant signed a full and final release with respect to the same matters as alleged in his current Application.

9The Tribunal directs that a two hour teleconference hearing be scheduled to hear the parties’ submissions with respect to whether or not some, all or none of this Application is barred because of the Minutes of Settlement. If any party or the intervenor wishes to rely on any written materials (including written submissions, documents or case law) or facts not already before the Tribunal, they must deliver such additional material to the other party and file it with the Registrar within 45 days of the date of this Interim Decision.

10I am not seized of this matter.