NLIS 6
March 6, 2002
(Justice)

 

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


The Human Rights Commission comments upon the recent Supreme Court of Newfoundland and Labrador, Trial Division decision in Her Majesty the Queen as Represented by the Department of Health and Community Services vs. Gladys Tulk and Human Rights Commission et al.

On April 9, 1999, Gladys Tulk filed a complaint with the Human Rights Commission alleging that her employer, a disabled adult, and the Department of Health and Community Services discriminated against her on the basis of sex/pregnancy when she was fired as a home care worker after becoming pregnant. The commission investigated the complaint and forwarded it to a Board of Inquiry which was chaired by Maeve A. Baird and held in Ladle Cove on July 12 and 13, 2000.

The Board of Inquiry heard evidence and the submissions of the parties and ruled that the disabled adult had discriminated against Ms. Tulk by terminating her employment. The board also held that the Department of Health and Community Services was equally liable for the damages incurred by Ms. Tulk. The department appealed the board�s decision.

The Department of Health and Community Services argued before the Board of Inquiry and in the Supreme Court that, by virtue of the provisions of the Self Management Home Support Act, the disabled adult was the employer of Ms. Tulk; therefore, the department could not be held liable for the discriminatory actions of that employer.

On March 3, 2002, Mr. Justice Thompson of the Supreme Court, Trial Division, dismissed the respondent�s appeal. In doing so, he stated:

"In my view, a review of the relationship among the parties necessitates the
conclusion that the respondent directly participated in the formation and
conduct of the relationship... the department is so involved in the relationship
as its prime author, supporter and funder as to require it to stand to the
violations of the Human Rights Code to which this complainant was subjected
during her participation in that relationship."

The commission is pleased with the decision as it confirms the department�s obligation to satisfy human rights awards which result from discriminatory treatment by persons deemed to be employers under the Self Management Home Support Services Program.

Media contact: Gladys Vivian, Human Rights Commission, (709) 729-2709, or 1(800) 563-5808.

2002 03 06                          4:55 p.m.


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