November 10, 2009
Canada Post Equal Pay Case – Update
“Federal Court – Appeal Division hears PSAC Appeals”
On November 3rd and 4th the Federal Court –Appeals Division heard arguments regarding two appeals filed by the PSAC in response to the February 2008 Federal Court-Trial Division decision. This earlier court decision struck down the 2005 Canadian Human Rights Tribunal decision which found Canada Post had violated section 11 of the Canadian Human Rights Act.
The PSAC' first appeal seeks to have the Tribunal's findings restored on the basis the trial judge made several errors in concluding there was no violation of the Canadian Human Rights Act's equal pay provisions and that there was no systemic discrimination within Canada Post. The CHRC also argued the Tribunal's decision should be re-instated.
The PSAC's second appeal challenged the amount of compensation ordered by the Tribunal in 2005. The Tribunal halved the amount of compensation it ordered based on its concerns over the reliability and accuracy of the job information involved in this case. The PSAC argued there was no evidence justifying this action as there was any evidence that any uncertainties in the job information over-estimated the wage gap.The Federal Court-Appeal Division's decisions are not expected until well into 2010.
Date Modified : 2010/07/29