Franceschina v. Essar Steel Algoma Inc., 2012 HRTO 1397

Human Rights Tribunal of Ontario

BETWEEN:

Karen Franceschina

Applicant

-and-

Essar Steel Algoma Inc.

Respondent

-and-

United Steelworkers Local 2251

Intervenor

INTERIM DECISION

Adjudicator: Maureen Doyle Date: July 16, 2012 Citation: 2012 HRTO 1397 Indexed as: Franceschina v. Essar Steel Algoma Inc.

WRITTEN SUBMISSIONS

United Steelworkers, Local 2251, Intervenor

Robert Champagne, 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 and sex.

2This Interim Decision addresses a Request by the United Steelworkers, Local 2241 ("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. 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, the disposition of this Application may well affect the disposition of a grievance it has filed on behalf of the applicant, the union may be affected by any settlement reached between the applicant and the respondent, and the union has relevant information to provide regarding issues raised in the Application. It seeks the opportunity to "monitor any settlement negotiations between the parties" and to "attend any hearing…for the purpose of providing accurate and relevant information".

4The Request to Intervene was delivered to the applicant as well as to the respondent.

5The Tribunal has received no submissions regarding the union's Request to Intervene and the time for doing so has now passed.

6In the circumstances I am satisfied that the union should be granted intervenor status.

ORDER

7The United Steelworkers Local 2241 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.

8With regard to any mediation which may be held in this matter, the union will receive notification of mediation and may attend at the mediation.

9The extent of the union's participation in the hearing will be determined by the presiding Vice-chair or Member.

10I am not seized of this matter.