Teamsters Canada Rail Conference

Published: September 29th 2010
Source: Darcy Henton, Postmedia News

 EDMONTON — The Canadian Human Rights Commission has given three Jasper women their jobs back after they were fired by Canadian National Railway five years ago for failing to accept a transfer to Vancouver.

Kasha Whyte, Denise Seeley and Cindy Richards all cited family reasons for being unable to relocate for the temporary posting in 2005, but their pleas and arguments to the railway administration were ignored.

Commission chairman Michel Doucet ruled CN’s actions were wilful and reckless, saying senior railway managers ignored their responsibilities under the company’s discrimination policy.

“They didn’t make any efforts to try to understand the complainants’ situations,” he noted in a ruling on the termination of conductor Whyte. “They ignored her letters and decided to treat her case as just a child care issue.”

He ordered CN to pay Ms. Whyte an additional $20,000 for its recklessness and another $15,000 for the anguish caused by her dismissal.

Commission spokeswoman Suzanne Sauve-Hiron said the cases confirm parents with young children are protected from discrimination under the Canadian Human Rights Act.

“We are now looking forward to working with CN and other federally regulated employers to implement the principles arising out of this decision,” she said.

Ms. Whyte, 46, who was a single mom with a sick son at the time of her dismissal, was thrilled with the ruling.

“I am extremely happy with the decision,” she said. “I really wanted my job back because I love railroading.”

Ms. Whyte said she is also pleased the commission affirmed the right of employees to be protected from discrimination on the basis of their family status.

“I am just really hopeful this decision will have a real great effect on all employers.”

Denise Seeley, 42, who had a toddler at home and another child in kindergarten at the time she was dismissed, said she is overwhelmed by the decision.

“I am very, very happy right now,” she said from her horse pasture as a CN train whistled screamed in the background. “I am very relieved. I am so thankful that this has been resolved fairly.”

CN spokesman Warren Chandler said the railway was reviewing the human rights tribunal’s ruling on the three complaints.

“We’re reviewing all options,” he said.

Ms. Seeley said she was happy with the ruling, but disappointed the tribunal didn’t also award the women their legal costs. She hopes the railway won’t appeal the decisions.

Edmonton Journal