Arbitrators can now hear Human Rights grievances
With the implementation of the new Public Service Labour Relations Act (PSLRA) and Public Service Modernization Act (PSMA), grievances that include a human rights component (discrimination) are no longer barred from the grievance process.
Adjudicators, who in the past had to defer jurisdiction to the Canadian Human Rights Tribunal, may now interpret and apply the Canadian Human Rights Act, and, if appropriate, give monetary relief for pain and suffering and/or special compensation for willful or reckless behaviour.
What is Discrimination?
Discrimination means treating people differently, negatively or adversely on the basis of personal characteristics that are a recognized prohibited ground of discrimination.
What are the Prohibited Grounds of Discrimination?
Prohibited grounds of discrimination are defined under Section 3 of the Canadian Human Rights Act (CHRA) as:
These are the only recognized grounds on which to file a discrimination complaint. Although one might be able to think of other groups or people that may at some point feel discriminated against, they do not presently have grounds based on the CHRA to file a complaint.
What are Discriminatory Practices Relating to Employment?
Discriminatory practices in employment include:
Some Discriminatory Practices are permissible. They include:
What are my Options?
If you believe you have been discriminated against in the course of your employment or if you have any questions or concerns, please call a Labour Relations Officer at the ACFO National Head Office at 613-728-0695.
11/21/2008