Court rules unionized employees can file human rights complaints

This province’s Supreme Court has ruled that unionized employees do have recourse to the Nova Scotia Human Rights Commission.

The decision published Thursday settles, in this province anyway, the question for a second time.

The case began with Halifax Regional Police Officer Detective Const. Deborah Carleton, who is on long-term disability for post-traumatic stress disorder, seeking to have Halifax Regional Police pay for in-patient care in Ontario.

When her employer refused, she filed a complaint to the Nova Scotia Human Rights Commission alleging that her health needs were not being treated the same as those of an officer suffering from a physical injury. Two fellow HRP officers joined her complaint, which was heard by a two-member board of inquiry.

Part way through that process, the Supreme Court of Canada ruled on a similar case from Manitoba, finding that where there was a collective agreement in place the decision should be made by a labour arbitrator.

Lawyers for the city cited this decision in a motion to the board of inquiry to drop Carleton’s complaint.

The Board of Inquiry agreed.

The province’s Human Rights Commission then appealed the Board’s decision to the Supreme Court of Nova Scotia.

Then everybody wanted in on the action.

The Canadian Association of Counsel to Employers filed for intervenor status, supporting Halifax’s position.

Meanwhile the province’s seven largest unions received intervenor status, arguing the workers it represents should be able to file complaints with the Human Rights Commission.

For its part, complaints filed to the commission by unionized workers were put on ice awaiting a decision from the Supreme Court.

Thursday’s ruling, that Human Rights Commission has “concurrent” jurisdiction means those cases (now totalling over 70) can go ahead.

“The commission is pleased that the court saw the importance of protecting the rights of unionized workers and their access to justice under the Nova Scotia Human Rights Act,” reads a written statement from Joseph Fraser, chief executive officer of the Nova Scotia Human Rights Commission, regarding Thursday’s ruling.

“Collective agreements are no substitute for human rights law, and the role of the commission is to ensure rights are protected in all workplaces, unionized or not.”

Carleton’s case will now go back to the Board of Inquiry to be heard.