Rights of a person who has being wronged in a free and democratic society such a Canada, should not go unnoticed, and at the least, must be dealt with in the proper manner as prescribed in the laws of our land. So how do we, as a people, to allow only certain segments of our society go unchecked while in other facets of our society, we fight with vigour and demand justice? Why are these different in the workplace than at home? I hope to be part of a event that will at least change some of that thinking in the Court Rooms throughout Canada in the near future.
Regrettably, the case has not gone to trial yet, thus everything here is based on heresy and is given in a thumbnail sketch format. Any details of the events could also be damaging in the course of justice. So take this post as me thinking out loud!
Currently, in the province of British Columbia, the movement of giving the employer more flexibility in the work place regarding deputes has grown in leaps and bounds. We have gone through a huge state of devolution in the last three years with our current government.
As a result, there have being a growing number of employees who are taking there fights to the trial courts because the tribunal process has either been dismantled or is overbook meaning long waits for justice or whether the tribunal is equipped to deal with fairness when it’s decision making process is in question? Are individuals getting a un bias ruling from this decision making body? What we are seeing is, that when these issues are going to trial, [ Federal Court ] the results are far more favourable to the minorities then the dominate forces: the employer. I have decided to omit the last part of this paragraph, because upon reflection, it would not be fair to criticize the justice system for actions that have yet to take place: (updated Nov 21:2004)
The problem is, governments wants to cut costs in the judicial process. In doing so, streamlining the justice system means, the course of justice becomes unbalanced, more power is given to one side. This seems to be the case. The system becomes unfair. Both side must be heard “audi alteram partem” and one cannot judge their own case, “nemo judes in sua causa.” Without these two basic principles in place for conflict resolution to be fair, than justice is in disrepute. The Boss cannot be judge, juror and executioner when a constitutional wrong has being made.
For some of my close associates, you all know that I am currently on a team, helping an “un-named” person fight her employer, a huge international corporation in a discrimination suit. Now for those of you who are just reading this for the first time, labour law has always being a point of interest for me. So, you should not fined it surprising when you hear about the stories I tell in this field.