News Releases    

FOR IMMEDIATE RELEASE September 24, 2003

OPSEU wins Supreme Court battle in human rights case

Ottawa: Probationary employees are protected by human rights legislation, the Supreme Court of Canada has ruled in a landmark case involving a member of the Ontario Public Service Employees Union (OPSEU).

OPSEU won this victory in a case involving the District of Parry Sound Social Services Administration Board and a member of OPSEU Local 324 in Canada’s highest court after a probationary employee was fired on returning from maternity leave.

The Court ruled that collective agreements automatically include the rights and obligations set out in human rights and labour relations legislation.

“Once again, OPSEU’s fight for human rights has gone beyond collective bargaining, and has set a precedent that will benefit workers across Canada,” said OPSEU President Leah Casselman.

“This confirms that employers cannot ignore the basic human rights of workers against unjust dismissal based on such factors as family status,” said Casselman. “Discrimination is discrimination, whether an employee is on probation or not.”

The employer said it could fire the employee because its contract with OPSEU imposed no restrictions on the dismissal of probationary staff. However, the high court ruled that negotiated contracts can’t ignore rights set out in human rights and labour relations legislation.

“Human rights and other employment-related statutes establish a floor beneath which an employer and union cannot contract," Justice Frank Iacobucci wrote.

The employee grieved that her employer had discriminated against her. An arbitration board found in her favour, but the employer appealed the decision, which was overturned by the Ontario Divisional Court and then later restored by the Ontario Court of Appeal, and the Supreme Court upheld this decision.

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For further information:

Ken Hurlbut, OPSEU Counsel 1-800-268-7376