Human Rights Tribunal of Ontario
B E T W E E N:
Terence Shaw
Applicant
-and-
Pepsico Foods Canada and Chad Birkoff
Respondents
Interim Decision
Adjudicator: David Muir
Indexed as: Shaw v. Pepsico Foods Canada
1This is an Application filed on March 15, 2012 pursuant to section 34 of the Ontario Human Rights Code (the "Code"). This Interim Decision deals with a Request for an Order During Proceeding filed by the applicant seeking the production of documents.
2The applicant seeks the following Orders:
- That the corporate respondent disclose a copy of any records, notes, or other documents in the personnel records of the individual respondent pertaining to:
- The subject matter of this Application;
- The investigation by the corporate respondent of the subject matter of the Application;
- The conclusions of the corporate respondent's investigation of the subject matter of the Application; and
- Any allegations of discrimination or harassment of any nature made against the individual respondents by any employee of the corporate respondent.
- That the corporate respondent disclose item #67 of the respondent's List of Documents provided to applicant's counsel on January 30, 2012.
3The particulars of the Request as related to the first number of items above were for the production of these materials from the personnel file of all of the individual respondents. All but one of the individual respondents have been removed from the Application. The respondents take the position, and I agree, that these materials as they relate to the other individuals identified in the applicant's first request are irrelevant.
4On the substance of the remainder of the Request, the respondents state that they have already provided extensive documentation with respect to the subject matter of this Application, its investigation of the applicant's complaints, and one other allegation regarding the individual respondent that was not human rights related. The respondents state that this matter should be revisited once the applicant has provided further particulars.
5I am satisfied that the material sought by the applicant from the personnel file of the individual respondent as outlined above is arguably relevant to the issues in dispute and this will not change with the production of further particulars. To the extent that there may be further documents as described above in the individual respondent's personnel file, they should be disclosed within 21 days of the date of this Interim Decision.
6With respect to the second request, the respondents are prepared to provide the information so long as the personal information of the Corporate respondent's employees can be removed. The respondents indicate that they are prepared to discuss a solution with applicant's counsel in this regard. The parties should discuss this matter further and if they cannot agree an Order may be required.
Orders
7The Tribunal makes the following Directions:
- The corporate respondent will disclose within 21 days of the date of this Interim Decision a copy of any records, notes, or other documents in the personnel records of the individual respondent pertaining to:
- The subject matter of this Application;
- The investigation by the corporate respondent of the subject matter of the Application;
- The conclusions of the corporate respondent's investigation of the subject matter of the Application; and
- Any allegations of discrimination or harassment of any nature made against the individual respondents by any employee of the corporate respondent.
- The parties will attempt to resolve the removal of information which would identify individual employees in Item # 67 as set out above, within 21 days of the date of this Interim Decision. In the event the parties are unable to resolve this issue themselves they should advise the Tribunal forthwith and a 30 minute conference call may be arranged by the Tribunal.
8I am not seized of this case.
Dated at Toronto this 18^th^ day of April, 2012.
"signed by"________________
David Muir
Vice-chair