Walden et al. v. Social Development Canada, Treasury Board of Canada and Public Service Human Resources Management Agency of Canada

Walden et al. v. Social Development Canada, Treasury Board of Canada and Public Service Human Resources Management Agency of Canada

On balance of probabilities the appropriate remedy to redress the discriminatory classification is to create a new Nursing subgroup for medical adjudicators and place adjudicator work in that subgroup, with work to commence within 60 days; complainants failed to prove wage loss quantum because the job evaluation evidence presented was unreliable and insufficient, so no wage loss award under s.53(2)(c) is made; limited awards for pain and suffering were made to individual complainants with evidentiary foundation; reasonable legal costs for lead counsel ordered where contribution and necessity shown.

Citation
2009 CHRT 16
Parties
Complainants: Ruth Walden et al.; Commission: Canadian Human Rights Commission; Respondents: Social Development Canada; Treasury Board of Canada; Public Service Human Resources Management Agency of Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
25 May 2009
Procedural Posture
Canadian Human Rights Tribunal Complaint Under the Canadian Human Rights Act / Remedy Stage Interim Ruling on Remedies (ruling Dated May 25, 2009)
Outcome
Partial relief granted: Tribunal orders creation of a new Nursing subgroup for medical adjudicators and grants limited individual awards for pain and suffering and legal costs; no wage loss compensation awarded due to insufficient proof of quantum.
Legal Topics
Sex Discrimination, Classification and Compensation, Remedies, Wage Loss, Pain and Suffering, Legal Costs
Source Language
English
Human Rights Employment Law Administrative Law Sex Discrimination Classification and Compensation Remedies Wage Loss Pain and Suffering +1 more

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Parties

Ruth Walden et al.

Complainants

Canadian Human Rights Commission

Commission

Social Development Canada; Treasury Board of Canada; Public Service Human Resources Management Agency of Canada

Respondents

Procedural Posture

Canadian Human Rights Tribunal Complaint Under the Canadian Human Rights Act / Remedy Stage Interim Ruling on Remedies (ruling Dated May 25, 2009)

Legal Issues

  1. 1 Appropriate remedial measure to redress discriminatory classification of medical adjudicators
  2. 2 Whether complainants established wage loss and quantum
  3. 3 Whether compensation for pain and suffering is warranted and to whom

Ratio Decidendi

On balance of probabilities the appropriate remedy to redress the discriminatory classification is to create a new Nursing subgroup for medical adjudicators and place adjudicator work in that subgroup, with work to commence within 60 days; complainants failed to prove wage loss quantum because the job evaluation evidence presented was unreliable and insufficient, so no wage loss award under s.53(2)(c) is made; limited awards for pain and suffering were made to individual complainants with evidentiary foundation; reasonable legal costs for lead counsel ordered where contribution and necessity shown.

Court Disposition

Partial relief granted: Tribunal orders creation of a new Nursing subgroup for medical adjudicators and grants limited individual awards for pain and suffering and legal costs; no wage loss compensation awarded due to insufficient proof of quantum.

Orders

  • Create a new Nursing subgroup for the medical adjudicator position(s) within the Health Services Occupational Group and place adjudicator work in that subgroup
  • Commence work on creation of the new NU subgroup within 60 days of the decision date