O’Sullivan v. Pinecrest Home for the Aged, 2012 HRTO 1231

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stacey O’Sullivan

Applicant

-and-

Pinecrest Home for the Aged

Respondent

-and-

Canadian Union of Public Employees and its Local 1072

Intervenor

INTERIM DECISION

Adjudicator: Maureen Doyle

Date: June 22, 2012

Citation: 2012 HRTO 1231

Indexed as: O’Sullivan v. Pinecrest Home for the Aged

WRITTEN SUBMISSIONS

Canadian Union of Public Employees and its Local 1072, Intervenor

Dave Steele, Counsel

Introduction

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.

2This Interim Decision addresses a Request by the Canadian Union of Public Employees and its Local 1072 (the “union”) to intervene in the Application. The union is the certified bargaining agent for the applicant’s workplace.

3The union is seeking to intervene on the basis that it has an interest in the outcome of the litigation. By way of remedy, the applicant seeks reinstatement to her work at the respondent employer and training regarding accommodation for staff at the respondent employer. The union asserts that if the Tribunal finds in favour of the applicant, the remedies ordered by the Tribunal could have a considerable impact on the union’s bargaining unit members.

4The Request to Intervene was delivered to the applicant as well as to the respondent on March 2, 2012. Neither the applicant nor the respondent has filed a Response to the Request to Intervene and the time for doing so has now passed.

5In the circumstances I am satisfied that the union should be granted intervenor status.

Order

6The Canadian Union of Public Employees and its Local 1072 is added to this Application as an intervenor. The Registrar will provide the union with copies of the materials filed by the parties to date. The parties are instructed to copy the union with any subsequent materials in this matter.

7The extent of the union’s participation in the hearing will be determined by the presiding Vice-chair or Member.

8I am not seized of this matter.