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

The Human Rights Commission comments upon the decision of William J. Parsons, the Board of Inquiry appointed to hear the human rights complaint of Vivian Critch against her employer, the Department of Justice, which was released on Monday, September 8, 2003.

Ms. Critch filed her complaint on September 30, 2000 alleging that the Department of Justice sick leave policy discriminated against her on the basis of a disability and that officials of the department harassed her with regard to that disability when they applied the provision of the policy to her. Ms. Critch had been employed with the department as a correctional officer for 23 years when in January 1999 her ear collapsed. Ms. Critch was off work a number of days in February 1999 to recover from the injury. She provided her employer with medical verification of the need to be off work. She returned to work in March 1999 and had not availed of any further sick leave when in June 1999 she was requested to attend a meeting with her supervisor to discuss her sick leave use. She was also asked to have her doctor complete a detailed medical form.

The interview with her supervisor and the request for the detailed medical report were undertaken as part of the Department of Justice sick leave policy. That policy targeted the top 20 per cent of sick leave users for special monitoring including interviews with supervisors to counsel the affected employees on the importance of good attendance. Failure to improve attendance after a series of those interviews could lead to disciplinary action.

The Board of Inquiry found that the application of the sick leave policy to Ms. Critch amounted to harassment and discrimination based upon her disability. In doing so, the board noted that the mechanical approach of identifying those targeted for counselling violated the requirement under human rights law for individual accommodation. Those inflicted with ear collapses are unlikely to benefit from counselling on the importance of good attendance. The board ordered the department to suspend the operation of the sick leave policy; to draft a new policy and forward same to the Human Rights Commission for review and comment; and to pay Ms. Critch $3,000 for general damages.

Barry Fleming represented the Human Rights Commission at the hearing. Lori Savory appeared on behalf of the Department of Justice. Copies of the decision are available at the office of the Human Rights Commission.

For further information contact:

Barry Fleming
Executive Director
Human Rights Commission
P. O. Box 8700
St. John�s, Newfoundland
A1B 4J6
Phone: 729-2709
Toll Free: 1-800-563-5808

2003 09 11                                        11:40 a.m.