March 8, 2010
Federal Court dismisses Canada Post pay equity appeal
Union renews commitment to fight for workers' right to equal pay
PSAC is disappointed with the Federal Court of Appeal's decision in regard to our longstanding pay equity complaint against Canada Post.
On February 22, 2010, the Federal Court of Appeal dismissed PSAC's appeal of a lower court decision, ruling that the Canadian Human Rights Tribunal made a significant error in its judgment. The Court maintains that this was serious enough to overturn the Tribunal's original decision in favour of PSAC.
Justices Sexton and Ryer, writing the majority decision of the Court, found that a necessary element in a finding of discrimination was not established by the Tribunal, and that this made it impossible to uphold the Tribunal's decision.
PSAC is disappointed with the fact that the Court overturned the 2005 Tribunal's decision, which found that Canada Post had violated s.11 of the Canadian Human Rights Act.
“We had hoped that our nearly 30-year battle to achieve pay equity for current and former Canada Post employees would have ended on a more positive note,” said Patty Ducharme, National Executive Vice-President of PSAC.
“We would also like to point out that Justice Evans dissented from the majority decision and would have re-instated the Tribunal's judgment. PSAC would like to re-state our commitment to working for women's right to equal pay for work of equal value. The fight is not over,” she said.
PSAC is currently reviewing the Court's decision to determine if there are grounds to seek leave to at the Supreme Court of Canada.
Date Modified : 2010/06/24
