White v. Canada Post Corporation
LAURIE WHITE
Law Firm / Organization
Self Represented
THE CANADA POST CORPORATION
Law Firm / Organization
Canada Post Corporation
Lawyer(s)

Hashim Syed

  • Background: Laurie White, an employee of Canada Post Corporation (CPC) with disabilities, filed a human rights complaint via the Canadian Human Rights Commission (CHRC). Her complaint centered on workplace discrimination due to her condition requiring a scent-free environment, which she felt was inadequately addressed by her employer and union.

  • Legal Claims: The CHRC initially decided not to proceed with White's complaint, citing that the issues had been addressed through other means, specifically four grievance processes settled by memoranda of agreement. The CHRC deemed the complaint "vexatious" or "made in bad faith."

  • Judicial Review: White sought judicial review of the CHRC’s decision, challenging the procedural fairness and natural justice of the grievance processes, particularly pointing out that crucial information (an HRProactive Report confirming CHRA violations by CPC) was not disclosed until after grievances were settled.

  • Court's Decision:

    • The court reviewed whether the CHRC's decision was reasonable and whether the grievance processes addressed the complaint fairly.
    • It was determined that the grievance processes might not have afforded White an adequate opportunity to know and respond to the case against her, particularly in light of the late disclosure of the HRProactive Report.
    • The court found the CHRC’s decision to be unreasonable and set aside the CHRC’s dismissal of the complaint, remanding the case back to the CHRC for reconsideration by a different decision maker.
  • Outcome: The court allowed White's application for judicial review, indicating that the grievance processes and the CHRC's initial review may not have been sufficiently fair or thorough in considering her discrimination claims.

Federal Court
T-2366-22
Employment law
$ 100
Applicant
14 November 2022