Agachi v. Starbucks Canada, 2017 HRTO 1582

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alexandra Agachi Applicant

-and-

Starbucks Canada Respondent

INTERIM DECISION

Adjudicator: Sophie Martel Date: November 29, 2017 Citation: 2017 HRTO 1582 Indexed as: Agachi v. Starbucks Canada

WRITTEN SUBMISSIONS

Alexandra Agachi, Applicant Robert McGlashan, Counsel

Starbucks Canada, Respondent Katia Diab, Counsel

1This is an Application filed under 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 family status. The applicant alleges that the respondent failed to accommodate her knowing that she was a single parent with a child with a disability and terminated her employment. The respondent alleges that it was not aware of any accommodation needs and that it terminated the applicant's employment for poor performance and misconduct.

2The hearing is scheduled for December 11 and 12, 2017. This Interim Decision addresses the applicant's Form 10 Request for an Order During Proceedings ("Request") for the production of documents. It also addresses the parties' productions in accordance with the Tribunal's Rules of Procedure.

3For the most part, the parties have provided their productions to each other. The respondent has provided a brief of documents and will-say statements for three witnesses. The applicant has provided a will-say statement for herself. She has not provided any documents. According to Rule 16.4 of the Tribunal's Rules of Procedure, a party cannot rely on or present any document not included on a document list and provided to other parties in accordance with the disclosures rules of Rule 16. If the applicant intends to rely on any documents not already produced by the respondent, she must submit them no later than three days after the date of this Interim Decision.

4The applicant has also filed a Request for production of documents. She requests her complete employment file and that of her manager. The applicant submits that these documents are relevant and necessary to the proper adjudication of the Application.

5The respondent has responded to the Request. The respondent submits that it has already delivered the applicant's complete employment file. With respect to the manager's employment file, the respondent submits that it is not relevant to the Application. The manager will be a witness at the hearing and any relevant evidence she may have concerning the Application may be obtained during the course of her testimony.

6I refuse the applicant's Request. The respondent has advised that it has already delivered the applicant's complete employment file. The respondent's brief of documents contains the applicant's employment application, performance forms and time and attendance audit reports. With respect to the manager's employment file, the applicant has not indicated how the file is relevant to the Application. The Application pertains to the applicant's employment with the respondent. To the extent that the manager played a role in the alleged failure to accommodate and to terminate her employment, that information can be elicited through testimony during the course of the hearing.

Mediation/Adjudication

7The Tribunal's Rule 15A authorises the use of mediation-adjudication where the adjudicator assigned assists the parties, with their consent, to resolve their disputes on the understanding that if a settlement is not reached the adjudicator will go on to hear and determine the case. If the parties are agreeable to engage in this process they may advise the Tribunal at their earliest convenience.

8The Tribunal's Rules of Procedure are available at www.sjto.gov.on.ca/hrto/ under "Law, Rules, Decisions". The parties may also benefit from reviewing the Tribunal's "Guide to Preparing for a Hearing before the HRTO", available at www.sjto.gov.on.ca/hrto/ under "Forms & Filing".

DIRECTION

9If the applicant intends to rely on any documents, she must submit them no later than three days after the date of this Interim Decision.

10I refuse the applicant's Request for the production of documents.