Zeng v. University Health Network, 2012 HRTO 738

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lisa Zeng

Applicant

-and-

University Health Network and Maria Amenta

Respondents

-and-

Ontario Public Service Employees Union

Intervenor

INTERIM DECISION

Adjudicator: Jay Sengupta
Date: April 13, 2012
Citation: 2012 HRTO 738
Indexed as: Zeng v. University Health Network

1This Application was filed January 19, 2011 pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleges discrimination on the basis of disability in respect of employment. She also alleges reprisal.

2This Interim Decision addresses a Request by the Ontario Public Service Employees Union (the “union”) to intervene in the Application. The union is the certified bargaining agent for the applicant’s former workplace. It also outlines the process by which an outstanding request to dismiss the Application pursuant to s. 45.1 of the Code will be dealt with.

Request to Intervene

3The union is seeking to intervene on the basis that it has an interest in the outcome of the litigation. The union asserts that if the Tribunal finds in favour of the applicant, the remedies ordered by the Tribunal could have a considerable impact on the union’s bargaining unit members including seniority rights, policies, procedures and training in the workplace.

4The Request to Intervene was delivered to the applicant as well as the organizational and individually named respondents. The parties have not provided submissions on the union’s request to intervene and the time for them to do so has elapsed.

5In the circumstances I am satisfied that the union should be granted intervenor status on the terms it has requested. The extent and the nature of the union’s participation during the hearing will be dealt with by the presiding Member or Vice-chair.

Outstanding Request for Order (s. 45.1)

6A mediation was held on April 4, 2012. As the Application was not resolved on that date, the Registrar will schedule a half day preliminary hearing to address the respondents’ request that the Application be dismissed pursuant to s. 45.1 of the Code, on the basis that the substance of the matter before the Tribunal has been dealt with in another proceeding.

7If the parties wish to rely on any written materials (including written submissions, documents or case law) or facts not contained in the Application, Response or previous submissions, they must deliver such additional material to the other party and intervenor and file it with the Registrar no later than 14 days before the date of the conference call.

Order

8The Ontario Public Service Employees Union is added to this Application as an intervenor. The Registrar will provide the union with copies of the materials filed by the parties to date. The parties are instructed to copy the union with any subsequent materials in this matter. The extent of the union’s participation in the hearing will be determined by the presiding Vice-chair or Member.

9The Registrar will schedule a half day preliminary hearing to address the respondents’ request for dismissal pursuant to s.45.1 of the Code.

10If the parties wish to rely on any written materials (including written submissions, documents or case law) or facts not contained in the Application, Response or previous submissions, they must deliver such additional material to the other party and intervenor and file it with the Registrar no later than 14 days before the date of the conference call.

11I am not seized of this matter.