HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Marta Arce Vargas
Applicant
-and-
University of Waterloo
Respondent
-and-
Canadian Union of Public Employees, Local 793
Intervenor
INTERIM DECISION
Adjudicator: Ena Chadha
Indexed as: Vargas v. University of Waterloo
1The applicant filed this Application on August 18, 2011, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination with respect to employment on the basis of disability. The Application narrative notes that the applicant’s union was involved in the alleged events.
2The Application was served on the respondent and the applicant’s union as a named affected party.
3On November 22, 2011, the applicant’s union, Canadian Union of Public Employees, Local 793 (“union”) filed a Request to Intervene.
4The Respondent filed a Response on November 25, 2011, wherein it notes that it has met with the applicant and the applicant’s union in efforts to address the applicant’s concerns.
5The applicant filed a Reply on February 9, 2012.
6Neither applicant nor respondent filed any submissions regarding the union’s request to intervene.
7The applicant’s union seeks to intervene in accordance with Rules 11 of the Tribunal’s Rules of Procedure. The union indicates that it is the exclusive bargaining agent for the applicant.
8As the Tribunal indicated in Boyce v. Toronto Community Housing Corporation, 2009 HRTO 131:
A union or association nearly always has an interest in a human rights application brought by an employee in a bargaining unit it represents when the application alleges discrimination in employment. Absent exceptional circumstances, the applicant’s bargaining agent will be granted intervention status in Tribunal proceedings where it requests it.
9In accordance with the Tribunal’s standard practice where an applicant is a member of a bargaining unit represented by the union, the union’s Request to Intervene is granted. The scope of the union’s participation in the hearing will be determined by the adjudicator hearing the Application.
10The Tribunal orders that the union is granted intervenor status and the style of cause is amended to reflect the same.
11I am not seized of this matter.
Dated at Toronto, this 12th day of March, 2012.
“Signed by”
Ena Chadha
Vice-chair