Dube v. Cargill Value Added Meats, 2012 HRTO 1500

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Garfield Dube

Applicant

-and-

Cargill Value Added Meats Canada Foodservice, A Business Unit of Cargill Limited

Respondent

-and-

United Food and Commercial Workers Locals 175 &633

Intervenor

INTERIM DECISION

Adjudicator: Naomi Overend

Date: August 1, 2012

Citation: 2012 HRTO 1500

Indexed as: Dube v. Cargill Value Added Meats

WRITTEN SUBMISSIONS

United Food And Commercial Workers Locals 175 &633, Intervenor

Rebecca Lee, Counsel

1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant works in a unionized workplace and is a member of United Food and Commercial Workers Locals 175 &633 (“UFCW”), which filed a Request to Intervene (Form 5) on June 212, 2012. The applicant and respondent have not filed a Response to the Request and the time for so doing has passed.

2The Tribunal has found on numerous occasions that a union nearly always has an interest in an application brought by a member of one of its bargaining units and that, absent exceptional circumstances, will be granted intervention status when it so requests it.

3Accordingly, the UFCW is granted leave to intervene. The parties have indicated an interest in participating in mediation, in which the UFCW will also be entitled to participate. Should the Application proceed to hearing, the scope of the UFCW’s intervention will be determined by the adjudicator hearing the matter.

4I am not seized of this matter.