March 16, 2000
(Justice)

The Human Rights Commission comments upon the decision of the Supreme Court of Newfoundland in the case of Human Rights Commission versus Newfoundland Liquor Corporation which was released on March 15, 2000. The case was an appeal of a human rights Board of Inquiry decision into a complaint of discrimination by Glen Dawe against the Newfoundland Liquor Corporation (the "NLC").

Mr. Dawe applied for the position of liquor control inspector with the NLC in October 1994. He was interviewed and assessed by officials of NLC as a qualified candidate. A former employer informed the NLC that Mr. Dawe might have a back problem. The NLC asked Mr. Dawe to undergo a medical exam. Mr. Dawe was the only candidate asked to submit to a medical and he protested. The NLC rejected Mr. Dawe�s candidacy for the job because of his reaction to their request. Mr. Dawe did not learn that he did not get the job until he received a response to his Freedom of Information Act request in October 1995. Mr. Dawe filed a complaint with the Human Rights Commission in February 1996.

The Board of Inquiry ruled that Mr. Dawe was discriminated against when he was asked to undergo a medical exam. It further ruled that Mr. Dawe had filed his complaint outside the six-month limitation period as found in the Human Rights Code. It ruled that the six months ran from November 1994. The Human Rights Commission appealed the ruling on the issue of the application of the limitation period while the NLC appealed the finding that discrimination occurred.

Mr. Justice Puddester, in a 94-page ruling, confirmed that the NLC request that Mr. Dawe obtain a medical was discriminatory. Further, he ruled that the discrimination continued until October 1995 when Mr. Dawe learned that he did not obtain the job. Therefore, when Mr. Dawe filed this complaint in February 1996 he was within the six-month limitation period imposed by the code. He ordered that if the parties cannot agree on an appropriate remedy for Mr. Dawe, then another human rights hearing will be convened to determine the issue. Barry Fleming represented the commission before the Supreme Court.

For further information contact:

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

2000 03 16                                                                 5:10 p.m.