Group of Employees v. Presteve Foods, 2012 HRTO 361

Human Rights Tribunal of Ontario

B E T W E E N:

CAW - Canada on behalf of a Group of 16 Employees and 26 Employees

Applicants

-and-

Presteve Foods Ltd. and Jose Pratas

Respondents

-and-

Justicia For Migrant Workers

Intervenor

INTERIM DECISION

Adjudicator: David A. Wright Date: February 21, 2012 Citation: 2012 HRTO 361 Indexed as: Group of Employees v. Presteve Foods

Decision

1As a result of a conflict of interest that arose last weekend, Mr. Mantini is unable to continue to act for either respondent in relation to the sexual harassment claims. In these exceptional circumstances, and given the existence of an agreement in principle on the wage claims, the Tribunal granted an adjournment of this matter at the hearing of February 21, 2012.

2In light of these developments, the Tribunal separates the portions of Tribunal File Nos. 2009-02443-I, 2010-06298-I, and 2010-06299-I that relate to matters other than the wage claims and will open new files in these claims. The materials filed on matters other than the wage claims in the existing files will form the new Tribunal files as of today, and the new Applications shall be considered filed as of the date they were originally filed. Presteve Foods and Jose Pratas are ordered to provide the Tribunal with their up-to-date contact information and/or contact information for their representatives in these files by the close of business on February 24, 2012. The Tribunal will hold a case conference call on March 6, 2012 at 10:00 AM to deal with the next steps in the new files. A letter will follow from the Registrar scheduling the conference call.

3In view of the agreement in principle and the need to contact claimants who may be out of the country, the Tribunal will take no further steps in files 2009-02443-I and 2010-06274-I to 2010-06299-I for a period of up to six months. Any claimants or applicants who wish to proceed with their claims in relation to wages must write to the Tribunal by August 21, 2012, with a copy to counsel for the respondents, advising of their desire to proceed and setting out their current contact information. The Applications of any claimants or applicants who have not done so or filed a Form 25 confirming settlement by that date may be dismissed as abandoned.

4I am not seized of this matter.