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Dartmouth Man Alleges Discrimination by Metro Transit Print E-mail
Written by HRC   
Friday, 10 February 2006
An independent human rights board of inquiry will begin hearing arguments on Monday, Feb. 13, in a complaint of disability and racial discrimination filed against Halifax Regional Municipality's Metro Transit and Local 508 of the Amalgamated Transit Union.

Malcolm Browne of Dartmouth alleges that he was discriminated against because of his race and ethnic origin while employed part-time as a ferry worker with Metro Transit. Mr. Browne complained to the commission in 2003 that he was denied opportunities for advancement and that his shift scheduling was affected because of racist attitudes in the workplace.

Mr. Browne also alleges that his employer failed to accommodate a disability caused by ongoing pain in one of his ankles. He says that his union local failed to support him in his dispute over accommodation with his employer.

The chair for the independent hearing is Donald Murray. The board of inquiry will begin at 9:30 a.m. in Room 303 of the Dalhousie University Student Union Building, 6136 University Ave., Halifax. The hearing is scheduled to continue on Tuesday, Feb. 14, Wednesday, Feb. 15, and Thursday, Feb. 16.

A complaint is referred to an independent board of inquiry when the Nova Scotia Human Rights Commission believes a prima facie case of discrimination is made after an investigation by a human rights officer. The chief judge of the provincial court selects a board chair from a roster and the commissioners ratify the nomination. The decision on the complaint is then in the hands of the independent board.

Evidence collected during investigation of a complaint is presented at the hearing by the commission's legal counsel. The complainant and respondent can make submissions and question witnesses. The board chair then decides whether discrimination has occurred.

All parties have a right to appeal decisions of boards of inquiry to the Nova Scotia Court of Appeal.
 
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