by Richard Gleeson
Northern News Services

NNSL (Sep 01/97) - The territorial government will not decide how much it has underpaid present and past female employees.

Thursday in Ottawa the Supreme Court of Canada rejected a GNWT request to appeal the last court ruling on the long-running pay-equity dispute.

The decision affirms the Canadian Human Rights Commission's authority to bring the dispute to an end.

An independent tribunal appointed by the commission will now have the final say in the dispute, which stems from a Union of Northern Workers complaint filed 10 years ago.

The court also ordered the GNWT to pay court costs.

"I'm very disappointed," said Finance Minister John Todd. "I disagree with the decision that the government doesn't have the right to deal the area of pay equity."

The ruling had the opposite effect on UNW president Jackie Simpson.

"I'm very happy. It's good that the decision has come down and, in my mind, it certainly is the right decision."

Central to the dispute was the fact that the NWT is the only remaining province or territory without its own human rights commission.

Canadian Human Rights Commission and the Public Service Alliance of Canada lawyers argued the commission has the right to fill that void.

Affordability, however, is still the main issue for the government, said Todd.

"I can tell you what isn't affordable -- the kind of numbers that have been bandied about," he said, referring to the $70 million Simpson estimates the government owes.

"There is no pot of gold at the end of the rainbow right now," he added. "This government has got its economic house in order and it has to maintain that."

Todd said 80 per cent of whatever settlement or award is reached will go south -- to past government employees.

"How many court costs can they afford, and how long can they afford to fight this?" said Simpson when asked about the issue of affordability. "I could go on and on about what this government can and cannot afford."

Commission lawyer Bill Pentey said the tribunal should still be regarded as a last resort.

"The commission would certainly favour a negotiated settlement here, if the parties can reach one."

Todd and Simpson both said they, too, preferred that route.

"We're actually in the process of negotiating with the UNW right now," said Todd.

Simpson said discussions of a framework for negotiations could begin as soon as Sept. 18. "Before this decision, we did send a letter to John and he responded, saying he is going to sit down and start talking," said Simpson.

In May the commission elected to begin dealing with the dispute, pending the outcome of the case.

A tribunal has been appointed. It is chaired by Norman Featherly of British Columbia and includes Quebec lawyer Jacinthe Theberge and Paul Groarke of Calgary.