Human Rights Tribunal of Ontario

B E T W E E N:

Keith Hassell

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Children and Youth Services, Ed McAndrew, Kevin O’Brien, Santo List, Robert McGucken, Chris Clysdale, Bart Furmanek, Maria Baccega and Gail MacDougall

Respondents

-and-

Ontario Public Service Employees’ Union

Intervenor

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: September 26, 2012

Citation: 2012 HRTO 1829

Indexed as: Hassell v. Ontario (Children and Youth Services)

[1] In this Application under s.34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), the applicant alleges that the respondents discriminated against him with respect to employment because of his race, colour, ancestry and creed, and association with a person identified by such grounds, contrary to the Code.

[2] The applicant is employed by the institutional respondent as a youth services officer. He is represented in that employment by a trade union, namely, Ontario Public Service Employees’ Union (“OPSEU”), which has filed a Request to Intervene in this Application. Neither the applicant nor the respondents has filed a response to the Request to Intervene and the time for so doing has passed.

[3] In light of the fact that OPSEU is the applicant’s exclusive bargaining agent with respect to the terms and conditions of his employment by the institutional respondent, I am satisfied that OPSEU has an interest in the Application and that it ought to be permitted to intervene in the Application. Boyce v. Toronto Community Housing Corporation, [2009 HRTO 131](https://www.minicounsel.ca/hrto/2009/131) at para. [13](https://www.minicounsel.ca/hrto/2009/131). The fact that the applicant in this case is seeking remedial orders regarding workplace accommodation that could potentially affect other members of the bargaining unit represented by OPSEU bolsters this conclusion.

[4] OPSEU’s Request to Intervene in the Application is granted. The extent and nature of OPSEU’s participation at the hearing will be determined by the Vice-chair assigned to hear the Application on its merits.

[5] I am not seized of this matter.

Dated at Toronto, this 26^th day of September, 2012.

“signed by”

Sheri Price

Vice-chair

Hassell v. Ontario (Children and Youth Services), 2012 HRTO 1829

Case Summary

Human Rights Tribunal of Ontario

[4] OPSEU’s Request to Intervene in the Application is granted. The extent and nature of OPSEU’s participation at the hearing will be determined by the Vice-chair assigned to hear the Application on its merits.

[5] I am not seized of this matter.

Dated at Toronto, this 26^th day of September, 2012.

Human Rights Tribunal of Ontario

[4] OPSEU’s Request to Intervene in the Application is granted. The extent and nature of OPSEU’s participation at the hearing will be determined by the Vice-chair assigned to hear the Application on its merits.

[5] I am not seized of this matter.

Dated at Toronto, this 26th day of September, 2012.

Dated at Toronto, this 26^th day of September, 2012.