Vidura Karunaratne v. Carillion Services (ROH) Inc., 2013 HRTO 71

Human Rights Tribunal of Ontario

B E T W E E N:

Vidura Karunaratne Applicant

-and-

Carillion Services (ROH) Inc. Respondent

-and-

Canadian Union of Public Employees, Local 942 Intervenor

INTERIM DECISION

Adjudicator: David Muir Date: January 14, 2013 Citation: 2013 HRTO 71 Indexed as: Karunaratne v. Carillion Services (ROH) Inc.

WRITTEN SUBMISSIONS

Canadian Union of Public Employees, Local 942, Intervenor

Sue Lott, Counsel

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 ancestry, colour, creed, ethnic origin, place of origin and race. This Interim Decision deals with a Request to Intervene (“Request”) filed by the Canadian Union of Public Employees, Local 942 (the “Intervenor”). Although given an opportunity to respond to the Request, the other parties have not responded to it.

2The Intervenor is and was the applicant’s bargaining agent.

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.

4In 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.

ORDER

6The Request to Intervene is granted and the style of cause amended accordingly

7I am not seized of this case.