Regina city workers union looks to overturn WCB workplace sexual harassment decision
Global News
Arnott said this stemmed from one situation, but noted that the city's own harassment policy says remedies can obtained through the human right code.
CUPE 21 is looking to overturn a decision made involving the Workers’ Compensation Board (WCB) and the City of Regina regarding seeking damages due to workplace sexual harassment.
“It’s problematic on a number of fronts from my perspective and obviously from others as well,” said Jill Arnott, executive director for the Regina Women’s Centre.
The union filed an application with the Court of King’s Bench to reverse the decision, saying that the WCB agreed with the city’s request that workers are barred from seeking money in regards to section 40 of the Saskatchewan Human Rights Code.
Arnott said this stemmed from one situation, but noted that the city’s own harassment policy says remedies can obtained through the human right code.
“This policy does not restrict or inhibit the right of employees to access other remedies available through the collective bargaining agreements, The Saskatchewan Human Rights Code, The Saskatchewan Employment Act, Workers’ Compensation Board, Saskatchewan Labour, or from seeking independent legal advice,” the City of Regina’s harassment policy reads.
Section 40 of the human rights code states a person could receive a maximum of $20,000 in compensation.
“…the court may order the person who has contravened or is contravening that provision to pay any compensation to the person injured by that contravention that the court maydetermine, to a maximum of $20,000, if the court finds that a person has wilfully and recklessly contravened or is wilfully and recklessly contravening this Act or any other Act administered by the commission; or the person injured by a contravention of this Act or any other Act administered by the commission has suffered with respect to dignity, feelings or self-respect as a result of the contravention,” the human rights code reads.
Arnott said it’s not uncommon for damages to be paid out through the Saskatchewan Human Rights Code, noting that this system has been going on for a long time.
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