The Charlottetown Guardian – June 25, 2010
Supreme Court dismisses application for review of males-only job posting
The Supreme Court of P.E.I. has dismissed an application for judicial review filed by the P.E.I. Union of Public Sector Employees over the posting of males-only employment positions for addiction services. In a 19-page decision written by Supreme Court Justice Gordon Campbell, the court agreed with the findings of an arbitration board which dismissed two grievances filed by the union in this matter. Campbell found that the arbitration board’s ruling was reasonable given existing legislation.
The case evolved around job postings advertised by the Department of Health for male addiction services workers whose duties would require them to collect urine samples from males in a drug screening program. The protocol for sampling urine required the addictions services workers to view the source of the urine and the container into which the urine was collected. Campbell said hiring male-only workers to fill these positions was “reasonably necessary to the accomplishment of the legitimate work-related objective of Addiction Services.”
The union had sought an order to set aside the board’s decision and send its grievances to a differently constituted board of arbitration for determination.