Shaw v. The Perley and Rideau Veterans’ Health Centre, 2013 HRTO 1838

Human Rights Tribunal of Ontario

B E T W E E N:

Gloria Shaw

Applicant

-and-

The Perley and Rideau Veterans’ Health Centre

Respondent

-and-

Canadian Union of Public Employees, Local 870

Intervenor

INTERIM DECISION

Adjudicator: David Muir

Date: October 31, 2013

Citation: 2013 HRTO 1838

Indexed as: Shaw v. The Perley and Rideau Veterans’ Health Centre

WRITTEN SUBMISSIONS

Canadian Union of Public Employees, Intervenor

Sue Lott, Counsel

The Perley And Rideau Veterans’ Health Centre, Respondent

Raquel Chisholm, Counsel

Introduction

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability and race. This Interim Decision deals with a Request to Intervene filed by the affected party and other matters.

The Request to Intervene

2The affected party has filed a Request to Intervene. It was the applicant’s bargaining agent. The respondent takes no position on this Request and the applicant has not responded to it.

3As the Tribunal noted 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.

4The applicant is seeking reinstatement. In the event that the question of remedy arises the applicant’s request for reinstatement evidently engage the interest of the intervenor. In all the circumstances including no opposition expressed by the other parties the Request is granted and the style of cause amended accordingly.

5The extent and the nature of the intervenor’s participation in the proceeding will be determined by the adjudicator hearing the matter.

Mediation

6The respondent has not indicated whether it will consent to mediation. The applicant has. The respondent is directed to advise within 7 days of this Interim Decision whether it consents to mediation failing which this Application will be scheduled for a three day hearing.

7I am not seized of this case.