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November 3, 1997
(Environment and Labour)

 

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

The Human Rights Commission reports that it is pleased with a decision released by the Supreme Court of Newfounland, Court of Appeal, on October 30, 1997. The Court of Appeal dismissed an appeal by Wabush Mines requesting that the Court of Appeal overturn a decision of the Trial Division. The Trial Division upheld a board of inquiry decision that Shayne Power had been discriminated against by Wabush Mines. In dismissing the appeal and restoring the decision of the board of inquiry in favour of the complainant, Shayne Power, the Court of Appeal awarded costs on a party and party basis.

Shayne Power filed a complaint with the Human Rights Commission on June 30, 1992 alleging that Wabush Mines had discriminated against him contrary to the provisions of the Human Rights Code when he was refused a job as a surveyor's helper because of total hearing loss in his right ear. On April 24, 1995, William Finn who adjudicated the matter, rendered a decision in favour of Mr. Power. Mr. Finn, in finding that Mr. Power had been unjustly discriminated against, awarded him compensatory relief for wages lost during the summer of 1992, as well as opportunity for employment as surveyor's assistant in 1995 if such a position was available. Wabush Mines appealed the decision of the board of inquiry to the Trial Division. The Trial Division judge dismissed the appeal and upheld the board's finding of discrimination. The decision of the Trial Division was then appealed to the Court of Appeal.

The Court of Appeal, in the written decision, confirms that an employer may be held liable for not hiring an individual even where the employer has an honest and genuine concern for the individual's personal safety and protection. The decision states: "Concern over the welfare of the individual, no matter how genuinely held, is not enough and, indeed, without objective support might smack of paternalism which, however genuinely and sincerely motivated, is one of the very approaches to disabilities that the spirit and intent of human rights legislation is designed to discourage."

Copies of the decision are available at the office of the Human Rights Commission.

Contact:

Gladys Vivian,
Executive Director
Human Rights Commission
P.O. Box 8700
St. John's, Newfoundland A1B 4J6
(709) 729-2709
Toll-free 1-800-563-5808

1997 11 03 4:50 p.m.

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