Supreme Court dismisses appeal of public servant's grievance
CBC News
Posted: Aug 9, 2012 11:28 AM ET
Last Updated: Aug 9, 2012 5:36 PM ET
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Zabia Chamberlain had said she made repeated efforts to find another position away from a supervisor she says repeatedly harassed her. (CBC)A former executive in the public service who filed a grievance over allegations she was wrongfully dismissed for complaining about sexual harassment has lost her bid to have her case heard by the Supreme Court of Canada.
Zabia Chamberlain had filed a grievance under the Public Service Labour Relations Act and four complaints under the Canada Labour Code, alleging her employer had not sufficiently dealt with harassment from her supervisor.
Chamberlain told CBC News her boss, beginning in 2007, regularly intruded her personal space, touched her inappropriately and could be abusive. She lodged a formal complaint and later went on leave in May 2008.
Officials offered Chamberlain the opportunity to return to a lower-level position she had previously occupied but she refused.
The Public Service Labour Relations Board dismissed the grievance, saying it did not have the jurisdiction over the case because it did not involve a disciplinary action or a financial penalty imposed by the employer.
Chamberlain appealed that ruling with the Federal Court of Appeal, which dismissed the application, prompting Chamberlain to appeal to the Supreme Court to hear her case.
The high court dismissed Zabia Chamberlain's appeal for a judicial review. As usual in decisions involving requests for the high court to hear a case, no reasons were given.
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