Guy Quenneville
Northern News Services
Friday, April 27, 2007

YELLOWKNIFE - Diavik Diamond Mine is trying to prevent the NWT Human Rights Commission from taking a former Diavik employee's complaint of discrimination to the Commission's adjudication panel.

Diavik said that the commission's decision to refer the complaint to adjudication was based on an unpublished decision of the adjudication panel that was not made known to Diavik, which the company considers "a breach of procedural fairness."

Diavik worker Peter Huskey was fired from the mine in September of 2005.

Huskey filed a complaint against Diavik with the commission, claiming that he had been discriminated against on the basis of disability and family status - a breach of the NWT Human Rights Act.

A commission investigator recommended that Huskey's complaint be dismissed.

The complaint was then referred to Therese Boullard, director of human rights for the commission.

Gerard Rowe, manager of human resources for Diavik, submitted an affidavit in support of Diavik.

The affidavit states that, despite the previous investigator's opinion that the matter be dismissed, Boullard decided to refer the complaint to the adjudication panel for a hearing.

Diavik said in its application that it doubts whether "there was any reasonable evidence to support the claim."

According the Commission's website, the purpose of the panel would be to determine whether Diavik broke the law. Diavik's application was brought to the Supreme Court on Monday and was adjourned indefinitely.