Syndicat des employé ( e ) s de Terminus Voyageur Colonial Ltée ( CSN ) v. Goyette
T-2424-97
Pinard J.
5/11/99
8 pp.
Application for judicial review of Human Rights Tribunal decision holding applicant trade union committed act of systemic discrimination toward class of employees, namely, telephone operators (mostly women), thereby depriving latter of opportunities for employment or promotion within company-Applicant trade union organization of employees within meaning of Canada Labour Code-In two previous decisions, Tribunal exonerating employer from any liability for systemic discrimination in case-No significant error warranting Court's intervention in Tribunal's assessment of facts-Considerable evidence to justify Tribunal's conclusion-No basis for applicant's argument trade union can neither be held exclusively liable, without employer, for systemic discrimination toward class of employees, nor alone be under duty to accommodate-Trade union causing discriminatory effect can be held solely liable-Case at bar case in point-Because found to be engaging or to have engaged in discriminatory practice, applicant trade union properly required to reimburse respondent Lise Goyette for salary and benefits lost from December 7, 1989 to June 6, 1996-Application dismissed-Canada Labour Code, R.S.C., 1985, c. L-2.