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Pay EquityMay 25, 2001 Another pay equity win means Tribunals back in businessThe Federal Court of Appeal has put the Tribunal process back on track for PSAC members working for the Government of the Northwest Territories (GNWT) and for Canada Post Corporation. On May 24, 2001 the Court overturned a lower Court decision issued late last year which effectively stopped the work of all Human Rights Tribunals hearing pay equity complaints, as well as many other Tribunals hearing other complaints of discrimination. Bell Canada, in its persistent efforts to derail attempts by telephone operators and clerical employees to gain pay equity, had argued in the Federal Court that the Tribunal hearing these pay equity complaints was not institutionally independent or impartial. In other words, Bell argued that the Tribunal was too closely associated with the Human Rights Commission to render a fair decision.. The Federal Court of Appeal has rejected this argument and overturned the Federal Court’s decision which agreed with Bell’s position and stopped the work of the Tribunals. Bell was joined in court by the Government of the Northwest Territories which was making similar arguments. PSAC members at Canada Post were particularly frustrated when the Tribunals were shut down last year, as a result of the earlier decision. Their case has been going on since 1983. After hundreds of days of hearings, their Tribunal was in its final stages when proceedings were stopped. In ruling on the GNWT’s case, the Court pointed out the government’s hypocritical position. "The appellant [GNWT], in my view, in what I can only term either a desperate move or a wasted effort (un coup d’épée dans l’eau) argues that there is a reasonable apprehension of bias resulting from the fact that the three members [of the Tribunal], being paid on a per diem basis, might protract and prolong the hearing of the complaint in order to extract more money from the government. I think it is appropriate to stress that the appellant’s position is somewhat at odds with its own conduct in these proceedings which shows a lack of eagerness and readiness to proceed swiftly with the merits of the complaint. Need it be repeated that the complaint was first laid in March 1989 and that, twelve years later, and after four judicial review proceedings (all brought by the appellant), the case still has to be completed on its own merits." Clearly it’s time for these employers to stop using the Courts to avoid dealing with the real issue - paying their employees wages which are not discriminatory. The ruling by the Federal Court of Appeal remains in effect unless it is superceded by a decision by the Supreme Court, should that Court decide to hear the case. Bell and the GNWT are reviewing the decision and have not yet announced whether or not they will seek leave to appeal from the Supreme Court. There are very narrow grounds for an appeal and the Supreme Court grants leave to appeal only in a minority of cases. As a result, all Tribunals may now proceed again. PSAC will be pressing to have new hearing dates established as quickly as possible.
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