Mahbub-Ur Rahman v. Access Alliance Multicultural Health and Community Services, 2013 HRTO 1930

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mahbub-Ur Rahman

Applicant

-and-

Access Alliance Multicultural Health and Community Services

Respondent

-and-

United Food and Commercial Workers, Local 175

Intervenor

INTERIM DECISION

Adjudicator: Naomi Overend

Date: November 20, 2013

Citation: 2013 HRTO 1930

Indexed as: Rahman v. Access Alliance Multicultural Health and Community Services

1This is an Application alleges discrimination in employment on the basis of family status and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

SECTION 45.1 / ABUSE OF PROCESS

2In its Response, the respondent asked the Tribunal to dismiss this matter pursuant to s. 45.1 of the Code or as an abuse of process. It takes the position that the subject matter of the Application was also the subject matter of grievances, which have since been resolved by minutes of settlement and decision of the arbitrator.

3Section 45.1 of the Code provides:

The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

4The Tribunal concurs that it is appropriate to hold a half-day in-person hearing to determine whether the grievance proceeding has appropriately dealt with the substance of the Application (section 45.1) or whether to proceed with the Application would be an abuse of process. The directions below will apply to the hearing.

REQUEST TO INTERVENE

5In addition, the applicant’s union, the United Food and Commercial Workers Union, Local 175 (“UFCW”) has made a Request to Intervene. The parties have not filed Responses to the Request to Intervene and the time for doing so has passed.

6In this case, as a party to the grievance and signatory to the Minutes of Settlement, it is clear that the UFCW can assist the Tribunal with respect to the questions to be addressed in the upcoming preliminary hearing. Moreover, the Tribunal has found on numerous occasions that a union nearly always has an interest in an application brought by a member of one of its bargaining units and that, absent exceptional circumstances, will be granted intervention status when it so requests it.

7Accordingly, the UFCW is granted leave to intervene. The scope of the UFCW’s intervention will be determined by the adjudicator hearing the matter.

ORDERS

8I make the following orders/directions:

a. the applicant’s union, the UFCW, is granted intervenor status;

b. the Registrar will schedule a half-day in-person preliminary hearing to determine whether the Application should be dismissed, in whole or in part, pursuant to s. 45.1 of the Code or as an abuse of the Tribunal’s process;

c. the following directions will apply to the preliminary hearing:

1. the hearing will address only the question of dismissal pursuant to section 45.1 of the Code and/or abuse of process;

2. the respondent should be prepared to proceed first at the hearing; and

3. any party wishing to rely on written materials not already filed with the Tribunal or any facts not contained in the Application or Response must deliver such documents or information to the other parties and file them with the Registrar no more than 21 days prior to the scheduled hearing date.

9I am not seized of this matter.