Veronique Susan Nyonzima v. Idlewyld Manor, 2013 HRTO 717

Human Rights Tribunal of Ontario

B E T W E E N:

Veronique Susan Nyonzima Applicant

-and-

Idlewyld Manor Respondent

INTERIM DECISION

Adjudicator: Maureen Doyle Date: April 29, 2013 Citation: 2013 HRTO 717 Indexed as: Nyonzima v. Idlewyld Manor

WRITTEN SUBMISSIONS

Veronique Nyonzima, Applicant François Sauvageau, Counsel

Idlewyld Manor, Respondent Jane M. Gooding, Counsel

Introduction

1This Interim Decision addresses the respondent’s Request for production of documents from the applicant’s other employer.

Decision and analysis

2The respondent seeks the applicant’s employment records for July and August 2011 from the applicant’s other employer, Hampton Terrace Care Centre (“Hampton”), a third party to this proceeding. To that end, it wrote to the applicant’s counsel asking for the applicant to provide a signed Consent to the release of this information. The respondent advises that its counsel did not receive a response to its letters, nor has received a signed Consent from the applicant.

3The Request for production is directed to Hampton, but a copy of the Request was not initially delivered to Hampton. On April 3, 2013, the respondent sent in a Form 23, confirming that it had sent the request to Hampton that day. By letter dated April 16, 2013, Hampton responded that it will produce the documents requested in the event that the applicant consents to their release or this Tribunal issues an order to that effect.

4The documents are directly relevant to an issue in this hearing. In light of the absence of opposition to the respondent’s Request on the part of either the applicant or of Hampton, it is appropriate to order the production of these documents.

Order

5In sum, I make the following orders:

a. Hampton Terrace Care Centre is ordered to produce to the respondent the applicant’s employment records in its possession related to hours worked by the applicant in July and August 2011, including payroll records, work schedules, availability forms and time sheets.

b. The respondent shall, in turn, produce these documents to the applicant.