Williams v. Ontario (Community Safety and Correctional Services), 2012 HRTO 1413

Human Rights Tribunal of Ontario

B E T W E E N:

Simone Williams Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services Respondent

-and-

Ontario Public Service Employees Union Intervenor

INTERIM DECISION

Adjudicator: Alan G. Smith Date: July 18, 2012 Citation: 2012 HRTO 1413 Indexed as: Williams v. Ontario (Community Safety and Correctional Services)

WRITTEN SUBMISSIONS

Simone Williams, Applicant a. David Self-represented

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services Cathy Phan, Counsel

Ontario Public Services Employees Union David Wright, Counsel

BACKGROUND

1This is an Application filed April 3, 2012, 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 race and colour.

2In its Response filed June 24, 2012, the respondent requested that the Application be dismissed on the basis that:

1. a number of the allegations in the Application were the subject matter of a prior grievance at the Grievance Settlement Board (“GSB”) which was resolved by way of a binding settlement dated September 8, 2009, and which included a comprehensive release;

2. the breaches of the Code which are alleged to have occurred after September 2009 are, pursuant to the 2009 GSB settlement, still within the jurisdiction of GSB Vice-Chair Chris Albertyn.

3On June 20, 2012, the applicant’s bargaining agent, Ontario Public Service Employees Union, (“OPSEU”) filed a Request to Intervene in the Application. In the Request OPSEU noted:

1. its status as exclusive bargaining agent for the applicant gives it an interest in these proceedings such that it is entitled to be permitted to intervene in the proceedings;

2. it is entitled to intervene in the proceedings because the issues raised by the applicant, and the remedies requested by the applicant, could impact on the collective agreement between OPSEU and the employer, and could impact other OPSEU members as well as the applicant. This is particularly true with respect to the systemic issues raised by the applicant and the systemic remedies she has requested.

4On July 7, 2012, the applicant filed a Reply in which she responded to the respondent’s request for dismissal. In her submissions the applicant noted that, “the previous matters have been dealt with completed