Lisa Harvey Case

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This legal matter involves a dispute between Lisa Harvey, an employee, and her employer, Gibraltar Mines Ltd. Both Ms. Harvey and her husband were affiliated with the union and employed by Gibraltar Mines. Ms. Harvey proposed adjustments to her and her husband's work schedule due to familial obligations arising from her becoming a mother. These proposals were not considered by the employee, leading her to file a discrimination complaint based on family, marital, and gender status. Gibraltar Mines attempted to dismiss the complaint with the reason that there was lack of reasonable grounds, but the Tribunal rejected Ms. Harvey’s other complaints but considered the family status complaint. In doing so, the Tribunal referenced Health Sciences Assoc. …show more content…

Gibraltar questions the fairness of the Tribunal for starting appeal proceedings that Ms. Harvey had not requested. What questions the Tribunal’s power is that they have the authority to appeal a judge's decision and the scope of submissions it can end up to if it does have that right. Northwestern Utilities Ltd. v. Edmonton established the principle that administrative tribunals, despite being able to participate, their decisions should be based on arguments and evidence according to the respective jurisdiction, refraining from directly interfering with the other parties' interests on the critical issues. On the other hand, Ontario (Children’s Lawyer) v. Ontario (Information and Privacy Commissioner) started a change from the traditional rule-and-exception approach, emphasizing the importance of tribunal neutrality and the decision-making must be careful and backed up by information, while granting the court the permission to determine whether a tribunal can defend its decision issues and the extent of having such …show more content…

What distinguishes the Campbell River case is the presence of a child with a severe psychiatric disorder requiring the employee (who was the parent) immediate attention. Unlike in Campbell River, where the complainant's work schedule was changed by the employer, the issue of whether changes to an employee's work conditions could initiate discrimination based on the employee's family status is prominently visible in Ms. Harvey's case. Prima facie discrimination does not necessarily require changes in the employment conditions, but it is stated that they must not (s. 13(1)(b) “discriminate against a person regarding employment or any term or condition of employment” because of their family status. The principles governing statutory interpretation require that the language of the Code should be interpreted in a manner that aligns with the Code's objectives and the Legislature's

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