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Another farcical story from the Human Rights Tribunals


Scotty

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Perhaps there should be a permanent thread on this topic.

I have to say that one of my disappointments with the Harper government has been their refusal to get involved in matters of principal such as the state to which human rights tribunals have fallen. One expects little but cowardice from Dalton McGuinty's government but the federal conservatives are supposed to be somewhat more robust in their concern for real Canadian values.

Basically, an immigrant was fired after six weeks on the job for a variety of reasons, and took her small employer to the HRT. She was given full legal representation at no cost. The defendant, of course, got nothing. The HRT ordered the (very)small business owner to pay the plaintiff $36,000. And when she couldn't afford it, the complainant's legal team put a lien on her house, then went to the sheriff and ordered it seized to pay their client.

In the case below, the tribunal's findings were considered to egregiously unfair that the courts threw the decision out, then ordered the plaintiff to pay $10,000 legal bills (before the court) to the defendant. Not to worry, though, for the complainant won't have to pay a cent. The Ontario government program which provided her with free legal services will also pay the award.

But now there'll be another human rights tribunal hearing - which the Ontario government will again provide full legal services to the complainant for, before another adjudicator.

I think that when HRTs have the power to issue massive fines of this kind of level, to take people's houses or businesses away, then they become def facto courts, and the defendant before them ought to be supplied with full legal representation. In addition, the biases and incompetence of the adjudicators has to be examined. As I understand it, they are basically drawn from the 'human rights industry' and most have little or no real training.

Superor Court rules HR Hearing was unfair

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Sounds like the legal system is working. (by that I mean they are probably making money from this)

(why is the government paying themselves a "bad deal" for the government)

the clear loosers here are the boss and employee.

The real loss is wasted time.

What was the employee fired over?

Edited by Esq
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Sounds like the legal system is working. (by that I mean they are probably making money from this)

(why is the government paying themselves a "bad deal" for the government)

the clear loosers here are the boss and employee.

The real loss is wasted time.

What was the employee fired over?

Too bad HRT's are out of control. The government isn't paying itself, it's paying legions of lawyers.

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Sounds like the legal system is working. (by that I mean they are probably making money from this)

(why is the government paying themselves a "bad deal" for the government)

the clear loosers here are the boss and employee.

The real loss is wasted time.

What was the employee fired over?

A number of things. It`s all in the cite.

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I have often defended the HRTs here, but I'm now convinced that they're out of their depth legally in cases like this.

Not nearly as out of their depth as the poor schmucks who have to pay for their own defence costs, while complainants(and the Tribunal itself) have basically unlimited resources to purchase legal help.

And that, for me, is a major problem. If I am indigent and charged with a crime, the state can and does help. Not with the HRTs, yet the HRT has some fearsome penalties they can impose, just like a true court.

That is wrong.

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What was the employee fired over?

A number of things. It`s all in the cite.

Yeah but the article in the opening posting doesn't really go into much detail.

- The main complaint was that she was suspected of snooping in other people's desks, improperly handling files, and using her cell phone at work.

- The employee claimed she did not feel 'comfortable' with the required dress code (e.g. skirt, heels, etc.) as a "traditional muslim woman"; instead, on at least one day she wore leggings, a tight short skirt, and an ankle bracelet (So, she wasn't dressed in either the required business attire, OR traditional Muslim clothing.)

Edited to add: one of the problems is that the employee claimed she'd never dress in the way described; however, the owner was not allowed to bring in any witnesses to support her case.

- And the microwaving? The employee claimed that she felt singled out over her use of the microwave, but apparently the owner was sensitive to smells, so all employees were avoiding the microwave

http://docs.google.com/viewer?a=v&q=cache:Fx1VY37O2TIJ:onlinedb.lancasterhouse.com/images/up-OHRT_Audmax.pdf+Seema+Saadi+telfer+desk+leggings&hl=en&gl=ca&pid=bl&srcid=ADGEESixAq4UrBqdTE4zKmnep1D8EQ_q5jMk58NtD1lJWfEWs4QfYKF3Wa5VAuXeSYFn3Wmu1tt6EsXrEYzSmKsEHhAly-rqNcYAi0xCnIHLYI5erNFtO14QvsY4cXi4LEkGLzsQqUCL&sig=AHIEtbQV53SA50kv5J6r_uqrHeG15iPUUg

http://www.theglobeandmail.com/news/opinions/opinion/the-case-of-the-smelly-lunch/article1892245/

Edited by segnosaur
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A country which was built on a justice system that presumed innocence until proved guilty has built a parallel system that does exactly the opposite. Shame on us.

Well, in fairness, because it's not a criminal matter, it isn't wrong per say (under the law, anyway). OHS administrative penalty hearings usually work the same way.

Edited by Smallc
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