Alves v. Financial Services Commission of Ontario, 2011 HRTO 709

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

S. Elizabeth Alves

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Financial Services Commission of Ontario

Respondent

-and-

The Association of Management, Administrative and Professional Crown Employees of Ontario

Intervener

INTERIM DECISION

Adjudicator: Brian Cook

Date: April 13, 2011

Citation: 2011 HRTO 709

Indexed as: Alves v. Financial Services Commission of Ontario

1This is an Application filed April 22, 2009, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The purpose of this Interim Decision is to consider the Request to Intervene made by the applicant’s union, AMAPCEO (the “union”).

REQUEST TO INTERVENE

2The applicant alleges discrimination in employment on the grounds of disability. The union is the bargaining agent for employees in the applicant’s workplace. The Tribunal, therefore, gave notice of the Application to the union. The union filed a Request to Intervene. Neither the applicant nor the respondent opposed the Request. 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, a request to intervene by the applicant’s bargaining agent is generally granted by the Tribunal. There do not appear to be any exceptional circumstances relevant to the intervention request. AMAPCEO is granted leave to intervene.

3I am not seized of this matter.