Feng Xu v. Quality Meat Packers Limited, 2011 HRTO 1932

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Feng Xu

Applicant

-and-

Quality Meat Packers Limited, Fabijan Selak and Orville Harris

Respondents

INTERIM DECISION

Adjudicator: Eric Whist

Date: October 26, 2011

Citation: 2011 HRTO 1932

Indexed as: Xu v. Quality Meat Packers Limited

1This Application, filed on February 26, 2010 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleges discrimination in employment on the basis of race, colour, ancestry, place of origin, citizenship, ethnic origin, sex and reprisal. In his Application, the applicant advises that he is a member of the United Food Commercial Workers Locals 175 & 633 (the "UFCW"), which was then given notice of the proceedings.

2Following receipt of the Application, the UFCW filed a Request to Intervene (Form 5). This Interim Decision addresses the UFCW's Request to Intervene.

3UFCW's Request to Intervene states that the issues the UFCW wishes to address are any evidence that may be led regarding the conduct of the UFCW or any of its representatives with respect to the Application, any matter involving the interpretation and application of the collective agreement, and the issue of remedy. The applicant and the respondents did not take advantage of their opportunity under Rule 11.4 to file a response to the Request to Intervene, and have therefore neither agreed nor objected to the proposed intervention.

4A union almost always has an interest in a human rights application involving a member, and unless there are exceptional circumstances, the Tribunal will grant the bargaining agent intervenor status when requested (see Boyce v. Toronto Community Housing Corporation, 2009 HRTO 131). I see no exceptional circumstances in this case and the UFCW's Request to Intervene is granted.

5UFCW specifically asks as part of its Request to Intervene for the opportunity to address at the hearing any evidence led regarding the conduct of the UFCW or its representatives and to make submissions regarding the conduct of the UFCW and its representatives, the application or interpretation of the collective agreement and/or the issue of remedy. I am prepared, based on the information before me, to grant this request. There may remain issues as to how this intervention will take place but these are matters best dealt with at the hearing.