Not waiting on court
Pay-equity complaint will go to tribunal

by Richard Gleeson
Northern News Services

NNSL (June 2/97) - The new head of the Canadian Human Rights Commission says the government is wasting time and money arguing the commission has no authority in the NWT.

Chief Commissioner Michelle Falardeau-Ramsay also said the commission is proceeding with a tribunal hearing of a pay-equity complaint against the territorial government.

"If we look at all the money spent on lawyers and experts, it seems to me it would be better to spend that money on bridging the gap now, rather than fighting," said Falardeau-Ramsay.

"But apparently the territorial government doesn't see it that way."

The territorial government has lost two cases challenging the commission's authority to settle the pay-equity issue. It is currently asking the Supreme Court of Canada to listen to an appeal of the last ruling, made by the Appeal Court of Canada.

The pay-equity battle is eight years old. The complaint was originally filed by the Public Service Alliance of Canada on behalf of the Union of Northern Workers.

Union president Jackie Simpson estimated the government owes present and past workers, most of them women, some $70 million.

At a meeting last week, the commission decided to proceed with a tribunal hearing of the case. The tribunal, which is independent of the commission, has the force of a court of law.

If the Supreme Court of Canada grants the territorial government the right to appeal, and if the territorial government wins the appeal, the tribunal hearing will end or its decision rendered meaningless.

"On the other side, the balance of damages would be much heavier if we would stay the case," said the chief commissioner. "And the employees would have to wait much longer."

If anything is to be paid, interest and damages are building each day the case remains unresolved. Pay-equity tribunal hearings typically take four to six years to settle.