OTTAWA-- Public servants must line up at the Canadian Human Rights Commission to complain about sexual and racial discrimination instead of having the right to speedier internal arbitration, says the Federal Court of Appeal.
The decision is a loss for several separate complainants, including a gay Halifax man who was denied paid leave for a marriage-like ceremony, four nurses who say they were sexually harassed on the job and a Muslim woman who alleges she was a victim of racial discrimination.
``Parliament has enacted a particular method of resolving these questions, a rather complex, costly and time-consuming method perhaps, but until Parliament can be convinced to change its legislation, this court will honour the legislative choice,'' wrote Justice Allen Linden in a recent ruling.
Joan Mohammed, a Muslim who complained more than six years ago that her superiors at the Immigration and Refugee Board had racist reasons for not renewing her contract, sought leave Wednesday to appeal to the Supreme Court of Canada.
Employees with complaints covered under human rights laws, including sexism, racism, ageism and discrimination based on disability and religion, could wait years for their cases to be settled at the commission, which last year had a backlog of about 500 cases. Grievances filed at the staff relations board take less than one year to resolve. A federal worker is also guaranteed a hearing in arbitration, which is far from automatic at the human rights commission.
Keywords: HUMAN RIGHTS; CANADA; CIVIL SERVANTS; DISCRIMINATION; ARBITRATION
@ 2000 Edmonton Journal