City appeals human rights ruling
Administration defends actions in dealing with mother of autistic child
Shane Magee
Northern News Services
Wednesday, June 22, 2016
SOMBA K'E/YELLOWKNIFE
The City of Yellowknife is appealing a human rights decision that found it did not do enough to accommodate a former employee.
The worker had requested to have the summer of 2012 off to provide care to her child diagnosed with autism spectrum disorder. The city tried to have her work different schedules, including evenings and weekends. Evidence from doctors had been provided to back up the woman's position her child required care from a familiar person.
When the city didn't grant her request, she resigned her position in 2012 and later filed the human rights complaint that resulted in the decision. The name of the woman, her husband and their child have been shielded from publication.
The decision by a Human Rights Adjudication Panel member issued April 13 states city managers failed to appreciate the legitimate reasons for the woman's rejection of the proposed schedules because they "failed to move past assumptions and appreciate the actual circumstances."
The decision gave the two sides a month to figure out what the appropriate remedy for the former employee would be.
The city's notice of appeal filed with the NWT Supreme Court on May 27 states the adjudicator made errors of fact and law in the ruling.
The city, which declined to comment, is seeking to have the decision set aside and to be awarded costs of litigating the case, according to the notice.
The notice states the adjudicator failed to consider the effect of the woman's resignation; failed to properly consider the city's attempts to accommodate her; made conclusions not supported by evidence, among others.
The specifics of those about the errors claimed in the decision are not included in the notice which is an early step in the appeal process.
A request for comment from the chairperson of the Human Rights Commission, which is named in the notice of appeal, was not returned.
When the decision was released, the executive director of the NWT Disabilities Council said she hoped the city would "take the high road" and respect the result.
"Obviously we're very happy with the decision because it brings into light what 'accommodate' really looks like," said Denise McKee last month.
The case returns to court on Friday.
