Paua v. Enersource Hydro Mississauga, 2016 HRTO 482

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Francis Paua Applicant

-and-

Enersource Hydro Mississauga Respondent

INTERIM DECISION

Adjudicator: Jennifer Khurana
Date: April 14, 2016
Citation: 2016 HRTO 482
Indexed as: Paua v. Enersource Hydro Mississauga

WRITTEN SUBMISSIONS

Enersource Hydro Mississauga, Respondent Daniel McDonald, Counsel

International Brotherhood of Electrical Workers, Local 636, Intervenor Kamal Bakhazi, Counsel

Introduction

1The respondent Enersource Hydro Mississauga (Enersource) named the International Brotherhood of Electrical Workers, Local 636 (“IBEW”) as an additional respondent in its Response to this Application. The IBEW is the certified bargaining agent for the bargaining unit in which the applicant is employed. Enersource did not specify the reason for naming the IBEW.

2On April 6, 2016, the Tribunal sent Enersource a Notice of Intent to Dismiss Against Certain Respondents (“NOID”), indicating that the Response and the narrative responding to the incidents of alleged discrimination do not appear to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the IBEW. Enersource was directed to provide written submissions explaining how the IBEW is alleged to have breached the Code by no later than May 6, 2016, which it did. In those submissions Enersource agrees it makes no specific allegation of actions contrary to the Code against the IBEW and reserves the right to bring allegations against the IBEW in the future.

3The IBEW asks that the Application against it be dismissed given there are no allegations that it has acted contrary to the Code.

DECISION

4I find that it is plain and obvious that the Application does not raise matters which the Tribunal has the power to decide with respect to the IBEW.

5Despite naming the IBEW as a respondent, Enersource has not identified any incidents or the basis upon which it alleges the IBEW violated the Code. A respondent cannot merely assert that it reserves the right to bring allegations against another entity in the future as the basis for adding a party at an earlier stage of the proceedings.

ORDER

6The Application is dismissed as against the IBEW.