February 23, 1996
(Employment and Labour Relations)


The following is being distributed at the request of Human Rights Commission:

The Human Rights Commission releases the decision of Mary O'Brien, adjudicator in the complaint of Dr. D.C. Prior against the Department of Health, The Newfoundland Medical Association, The Newfoundland Hospital and Nursing Home Association and The Newfoundland Medical Board.

Dr. Prior filed a complaint with the Human Rights Commission alleging that he was discriminated against by the respondents because of his national or social origin contrary to Section 9 of the Human Rights Code. Dr. Prior was born and trained in the United Kingdom. While he currently is authorized and practises in the areas of obstetrics an gynaecology, he is not licensed and registered as a specialist with the Royal College of Physicians and Surgeons of Canada and thus receives a lower rate of pay for his services than registered specialists.

The respondents raised preliminary objections at the commencement of the Board of Inquiry based on the fact the respondents are not "employers" or "persons acting on behalf of employers" within the scope of Section 9 of the Human Rights Code.

In a decision released on February 21, 1996 Ms. O'Brien reviewed the applicable legislation and case law and ruled that the respondents are not Dr. Prior's employers or persons acting on behalf of his employers and therefore she lacked jurisdiction to hear the complaint. Solicitors for the Human Rights Commission are reviewing the decision to determine if an appeal is warranted.

Contact:

Gladys Vivian/Barry G. Fleming
Human Rights Commission
P. O. Box 8700
St. John's, Newfoundland
A1B 4J6
Phone: (709) 729-2709 or (709) 729-2326
Toll Free: 1-800-563-5808

1996 02 23 9:40 a.m. /md


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