PSAC Pay Equity Bulletin

November 9, 2005

PSAC to seek full remedy for pay discrimination by Canada Post

The PSAC has decided to file a cross-application for judicial review of the Canadian Human Rights Tribunal decision in the union’s pay equity complaint against Canada Post Corporation (CPC).

On October 7, 2005 the Tribunal issued its long-awaited decision, almost 23 years after the complaint was filed. Canada Post immediately filed an application for judicial review within minutes of the decision being officially released.

The union has been concerned that our current and former members receive the payments and interest they are owed while they are still able to enjoy it. But because Canada Post has already taken action which will prolong the process, the union has decided to proceed with a cross- application.

After an extensive analysis of the decision, PSAC believes the Tribunal should not have “discounted” their award to 50% of what the Canadian Human Rights Commission and the PSAC have calculated is owed. The Tribunal determined that our members were suffering pay discrimination. Our members should therefore have been awarded the full amount owing to them in order to rectify that discrimination.

Half remedies do not eliminate discrimination. Nowhere in the pay equity law does it say that employers may partially discriminate. As a result, PSAC is asking the Federal Court to review this aspect of the Tribunal’s decision and to award the full remedy for the discrimination suffered. If our members must wait for justice, they certainly deserve to have the full measure of that justice.

PSAC’s participation in the judicial process is not expected to delay it as we expect that one Justice in the Federal Court (Trial Division) will hear both applications at the same time and the review process is structured with specific time limits. The union is anticipating that the case may be heard in either the summer or fall of 2006. Once a decision is issued at the Trial Division level, both parties have the right to appeal the decision to the Federal Court of Appeal.

Before the Tribunal decision was released, the union was ready to meet and talk with Canada Post about the details of implementing the decision including what the Corporation would do to contact former members and pay them the money they are owed. Approaches were made to the employer several times in order to put this into motion.

While the Corporation has so far refused to participate in any talks about implementation, PSAC will continue to push for the employer to start the necessary and time-consuming work that eventually will be required to implement the decision.