We shared with you last week the interim decision from the Hon. Justice Dennis P. Ball regarding the grievance arbitration held in August between SCMMA and the City of Saskatoon, in response to the termination of SCMMA member and former President, Jackie Morley. This week we received the remainder of that ruling, pertaining to the human rights aspects of the case.
Justice Ball has found that the City’s conduct violated both the Saskatchewan Bill of Rights (the rights to freedom of conscience and freedom of expression), as well the discrimination provisions of the Saskatchewan Human Rights Code, namely the prohibition against discrimination on the basis of sexual orientation and gender identity. As a result, he has ordered that the City pay damages of $15,000 for these violations.
In Justice Ball’s own words:
(i) The Employer infringed upon the Grievor’s rights to freedom of expression and freedom of conscience, and discriminated against her on the prohibited grounds of sexual orientation and gender identity as set forth in The Saskatchewan Human Rights Code, 2018.
(ii) As a result of the Employer’s actions the Grievor suffered injuries to her dignity, feelings, and self-respect;
(iii) The Employer is hereby ordered to pay compensation to the Grievor in the amount of $15,000.00 by way of compensation for her injuries pursuant to Section 40 of The Saskatchewan Human Rights Code, 2018.
As the full decision is now complete, the City is free to initiate a judicial review to challenge the ruling, if they so choose. A judicial review is not an appeal. It is a written application, where the disappointed party seeks to demonstrate that, based on the materials and evidence, the arbitrator made an unreasonable error of law or fact.
However, given the strength of Justice Ball’s reasoning, as well as the significant expenses incurred by both parties to get to this point (funded by taxpayers for the City and by member dues for SCMMA) our hope is that the City will accept this decision and prioritize reconciliation and moving forward.
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