Alberta Hospital Association et al. v. Parcels et al., (1992) 129 A.R. 241 (QB)

• Judge: Trussler, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 14, 1992
• Citations: (1992), 129 A.R. 241 (QB)

Alta. Hospital v. Parcels (1992), 129 A.R. 241 (QB)

MLB headnote and full text

The Alberta Hospital Association and The Red Deer General & Auxiliary Hospital and Nursing Home, District No. 15 (appellants) v. Susan Parcels, The Alberta Human Rights Commission and United Nurses Of Alberta, Local 002 (respondents)

(Action No. 9103-14144)

Indexed As: Alberta Hospital Association et al. v. Parcels et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Trussler, J.

April 14, 1992.

Summary:

A collective agreement provided for con­tinuation of benefits to persons on sick leave upon prepayment of 25% of the premiums. Women on maternity leave had to prepay 100% of the premiums to continue the bene­fits. A nurse on maternity leave filed a complaint of discrimination under the Indi­vidual's Rights Protection Act. A board of inquiry ruled that the collective agreement discriminated against women on maternity leave. The employer appealed.

The Alberta Court of Appeal allowed the appeal in part. The court agreed that the prepayment provision was discriminatory, but held that employers could use an unem­ployment insurance SUB plan to bear part of the cost of the health-related maternity leave.

Civil Rights - Topic 910

Discrimination - Adverse effect or indirect discrimination - [See Civil Rights - Topic 987 ].

Civil Rights - Topic 987

Discrimination - Employment - On basis of sex - A collective agreement provided for continuation of benefits to persons on sick leave upon prepayment of 25% of the premiums - Persons on a leave of absence, including maternity leave, had to prepay 100% of the premiums to continue bene­fits - The Alberta Court of Queen's Bench affirmed that the collective agreement discriminated against women on health-related maternity leave - It was not adverse effect discrimination that could be remedied by reasonable accommodation - The court opined that a woman on volun­tary leave before and after health-related maternity leave should prepay the full premium to continue benefits for the vol­untary leave periods - The court held that an employer should be able to use an unemployment insurance SUB plan to bear part of the cost of health-related leave.

Civil Rights - Topic 988

Discrimination - Employment - On basis of family status - [See Civil Rights - Topic 987 ].

Labour Law - Topic 9580.3

Public service labour relations - Collective agreement - Pay, severance pay and expense allowances - Maternity leave - [See Civil Rights - Topic 987 ].

Cases Noticed:

Brooks, Allen and Dixon et al. v. Canada Safeway Ltd. (1989), 94 N.R. 373; 58 Man.R.(2d) 161; 59 D.L.R.(4th) 321 (S.C.C.), refd to. [para. 5].

Co-operators General Insurance Co. v. Human Rights Commission (Alta.) et al. (1991), 118 A.R. 367; 80 Alta. L.R.(2d) 73 (Q.B.), refd to. [para. 10].

Canadian National Railway Co. v. Bhinder and Canadian Human Rights Commis­sion (1985), 63 N.R. 185; 23 D.L.R.(4th) 481 (S.C.C.), refd to. [para. 21].

Andrews v. Law Society of British Co­lumbia, [1989] 1 S.C.R. 143; 91 N.R. 255; [1989] 2 W.W.R. 289; 56 D.L.R.(4th) 1, refd to. [para. 22].

Ontario Human Rights Commission and O'Malley v. Simpson Sears, [1985] 2 S.C.R. 536; 64 N.R. 161; 12 O.A.C. 241; 23 D.L.R.(4th) 321, refd to. [para. 26].

Ontario Human Rights Commission et al. v. Borough of Etobicoke, [1982] 1 S.C.R. 202; 40 N.R. 159, refd to. [para. 27].

Dickason and Human Rights Commission (Alta.) v. University of Alberta (1988), 91 A.R. 350; 62 Alta. L.R.(2d) 209 (Q.B.), refd to. [para. 57].

R. v. Oakes, [1986] 1 S.C.R. 103; 65 N.R. 87; 14 O.A.C. 335; 26 D.L.R.(4th) 200; 50 C.R.(3d) 1; 24 C.C.C.(3d) 321; 19 C.R.R. 308, refd to. [para. 58].

R. v. Whyte, [1988] 2 S.C.R. 3; 86 N.R. 328; 64 C.R.(3d) 123, refd to. [para. 58].

United States of America v. Cotroni; United States of America v. El Zein (1989), 96 N.R. 321; 48 C.C.C.(3d) 193 (S.C.C.), refd to. [para. 59].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 1 [para. 58].

Individual's Rights Protection Act, R.S.A. 1980, c. I-2, sect. 7, sect. 10(c) [para. 1]; sect. 11.1 [para. 55]; sect. 27 [para. 1]; sect. 31(1) [para. 8]; sect. 32 [para. 9]; sect. 33(1), sect. 33(4) [para. 7].

Counsel:

William J. Armstrong, for the appellants, the Red Deer General & Auxiliary Hos­pital and Nursing Home, District No. 15;

Les Wallace, for the respondents, Susan Parcels and the Alberta Human Rights Commission;

Sheila Greckol, for the respondents, United Nurses of Alberta, Local 002.

This appeal was heard before Trussler, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on April 14, 1992.