This page is designed to provide information on the case of Patricia Musty v. Meridian Magnesium Products Limited.
Musty's application for Judicial Review was filed on February 7, 1997. We need major help in organizing fund rasing
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An Application for Judicial Review was filed in the Divisional Court of Ontario today by Patricia Musty seeking a ruling that will recognize sexual harassment as a workplace hazard under the Occupational Health and Safety Act.
On December 17, 1996, following several days of hearings, the Ontario Labour Relations Board Chair, R.O. MacDowell, in a 55 page ruling, decided that the Ontario Labour Relations Board would not hear Ms. Musty's complaint against Meridian Magnesium Products Limited arising out of allegations of workplace sexual harassment. Patricia Musty filed her complaint after being forced to take medical leave from her work because of a poisoned work environment which included exposure to ongoing rude and obscene gestures, dehumanizing sexual comments about female employees and their anatomy which were made by two members of management. In the course of performing her duties as "Coordinator of Safety and Training Programs", she was intimidated by the Production Superintendent and was exposed to nude calendars and explicit pornographic material prominently displayed in his office, where he regularly scheduled meetings which she had to attend.
This is a precedent setting case, as the Labour Board Chair is attempting to rid the Board of any responsibility in dealing with health and safety issues arising from workplace sexual harassment. If this application succeeds, Ontario will join Quebec and Saskatchewan as the third Province permitting women subjected to sexual harassment and gender discrimination to take their complaints to the Provincial Labour Boards instead of the Human Rights Commission. In Ontario, less that 3% of complaints filed with the Ontario Human Rights Commission proceed to a an actual hearing before a Board of Inquiry.
The hearing before the Divisional Court will likely take place in about six months. While admitting to maintaining a poisoned work atmosphere, Meridian has failed to compensate Musty for her losses and to reinstate her to her position as "Coordinator of Safety & Training Programs" for Meridian Magnesium Products Limited, an auto parts manufacturing company based in Strathroy, Ontario.
For further information contact: Patricia Musty at 416-656-1778 or 1-800-511-9911