Seeking a Balance

Canada Post Equal Pay Complaint

The Complaint

The PSAC’s complaint alleges that Canada Post has and continues to violate section 11 of the Canadian Human Rights Act by paying the predominately female CR group less than the predominantly male PO group more for work of equal value. The complaint seeks retroactivity to the 15^th of October 1981 which is the day Canada Post became a Crown corporation. The complaint itself was filed in September 1983.

Current Status

The Tribunal resumed hearing evidence in May of 2001. Current expectations are that the Tribunal will complete hearing evidence for all parties by May 2002. The final arguments are scheduled for the Fall of 2002.

A Tribunal began hearings into this complaint in November 1992 and as of the beginning of November 2000 had entered the reply evidence stage of the hearing process. Following the completion of this stage, which should involve only two to three weeks of actual hearings, the case will enter the argument stage. During this stage of the hearing each party will organize and present verbal and written argument to support their position. On November 7^th, 2000, the Tribunal completed its three hundred and forty-eighth ( 348^th ) day.

A decision from the Tribunal is not expected until 2003.

The PSAC complaint against Canada Post predates the PSAC’s complaint against Treasury Board. It was filed against Canada Post because Canada Post was a separate employer, as of October 1981. In addition, the complaint compares CRs at Canada Post to the PO Group which exists only at Canada Post. The cornerstone of the PSAC complaint against Treasury Board was the JUMI study conducted in the mid 1980s. This study did not examine positions at Canada Post. The investigation into the PSAC’s complaint against Canada Post on the other hand only looked at CR and PO work within Canada Post.

Chronology of Significant Events

The PSAC has been fighting to obtain equal pay for work of equal value for its CR members within Canada Post for seventeen years. There are unfortunately many reasons why this case has been delayed as long as it has. Below, the significant dates in the history of this case are described.

Sept 83 - the complaint was filed with the CHRC and sought retroactivity to 15 Oct ‘81

Oct 85 - despite the PSAC’s objections the CHRC delayed the commencement of its investigation for two years.

Nov 88 - CHRC threatened court action against Canada Post in order to obtain information from Canada Post

June 91 - the PSAC advised the CHRC that the PSAC would initiate legal action against the CHRC at the beginning of 1992 if the CHRC’s investigation was delayed further.

Dec 91 - the CHRC released a draft of its investigation report to the PSAC and Canada Post

March 92 - the CHRC’s commissioners approved the CHRC’s investigation report and established a Tribunal to hear the complaint.

Nov 92 - prehearing meetings took place between the parties and the Tribunal

Feb 93 - the Tribunal began hearing evidence

Nov 94 - the CHRC completed its case which lasted 115 days due largely to the length of the cross-examination of its witnesses by Canada Post

Dec 94 - the PSAC began presenting its case to the Tribunal.

Nov 95 - the PSAC finished presenting its case to the Tribunal which took approximately 35 days.

Jan 96 - Canada Post called the first witness in its case.

Sept 98 - Canada Post attempted to have the Tribunal suspend its proceedings on the grounds the Tribunal was not institutionally independent. The Tribunal opted to continue.

April 2000 - Canada Post completed presenting its evidence after consuming 187 days of the Tribunal’s time.

Nov 2000 - The Tribunal opted to suspend its hearings as a result of the latest decision from the Federal court regarding the institutional impartiality regarding the Canadian Human Rights Tribunal arising from the Bell case.