Discrimination

Human Rights Grievance Not Allowed - Arbitration Denied

I contend, government personnel, namely Gordon Macette, Don McRae, and Dave O'Neil made accusations that I was not able to control my behaviour (what behaviour? Insisting that BC Statistics publish correct methods to accompany population numbers?) causing my co-workers to fear for their (job?) safety, dismissed me for insubordination, and refused to allow mediation or arbitration in an effort to cover-up the fact that they had falsified reports including but not limited to reports to Statistics Canada for the assessment of methods to be used for equalization payments, as well as falsifying reports to ElectionsBC, BC Hydro, and the Ministries of Health and Education (see Data Warning).

Because I was accused of not being able to control my behaviour said to have made my co-workers fear for their safety, I requested mediation but was required by Don McRae, Executive Director of BC Stats, to submit an abuse of managerial authority grievance .

I pointed out that the reason given by Population Section manager Dave O'Neil that I was no longer invited to section meetings, removed from all responsibility, subjected to aggressive yelling, removed from the contacts list,etc., was that I was not able to control my behaviour; therefore, I insisted that the grievance must be forwarded as a human rights violation - discrimination of the grounds of a preceived mental disability.

I was informed by the BC pubic Service Agency that I would have to prove I had a mental disability to proceed with a human rights grievance. I was specifically asked if I had a medical record of a mental disability by Don McRae , (letting out a not so quiet laugh, December 2005). I was told that since I could not prove that I have a mental disability I would have to proceed with a grievance on the grounds of misuse of managerial authority. Mr. McRae's resolution was that there was to be "no resolution".

Shortly after forwarding my grievance to the Deputy Minister, Gordon Macette, I was ordered by Dave O'Neil, with the shop steward Marvin Paxman present (now acting Executive Director of BC Stats) to gather my belongings turn in my security pass, and leave the building.

I was ordered to return to work a week later and required to have a psychological examination for a "believed" "behavioural problem".

"The Employer confirmed there would be an initial assessment and five counselling sessions provided. You were also notified that failure to attend would result in a recommendation to the Deputy Minister of Labour and Citizens Services for your dismissal. You did not attend."

I insisted on mediation; instead, Gordon Macette dismissed me for insubordination.

"Your dismissal was recommended as a result of your insubordinate behaviour, your failure to follow direction, and your failure to accept any responsibility for what you perceive as a dysfunctional workplace. You are hereby dismissed from employment with the Public Service, effective immediately"3 (April 11, 2006)

At the request of Don McRae, Gordon Macette had approved the change to the job posting for the position of Population Section manager, from open to all Canadians, to only people working for BC Statistics thereby ensuring Dave O'Neil would be given the manager position.

Within time limits, I requested that the determination of insubordination be removed from my record of employment. I again raised the issue of a possible human rights violation.

In my letter to the BC Government Employee's Union, cc'd to Gordon Macette, I included several possible grounds for the dismissal including being innovative (my refinements were met with increasing antagonism), age (the BC GEU said they would not represent me if I were too old and close to retirement), sex (a female friend suggested that if I were a female I would be represented), ancestry (Dave O'Neil considered people with mixed ancestry to be whinners or looking for a hand out) etc. etc.

With no help coming from the BCGEU I forwarded my grievance to the BC Human Rights Tribunal. The Chair person wrote dismissing each of the grounds I had included except for ancestry. I wrote asking why ancestry was not dismissed, to which she replied I would need to go to BC Supreme Court. Interestingly, the lawyer I had retained refused to proceed claiming I would look like a whiner (perhaps a good buddy with BC Statistics Officials?).

Just then, January 2007, a BCGEU staff representative, Jan O'Brian, called me to say that I could trust her (she lied).

At a hearing, June 22, 2007 (notice June 22 comes up alot in this case) I was denied arbitration by Vince Ready who determined that by raising human rights issues I had gone down the wrong channel (dumber and dumber). What's the right channel?

Denying mediation and a fair hearing to address the real matters in dispute, (namely, the real methods used by BC Stats to create population numbers) on the grounds that I had gone down the wrong channel is a violation of the Canadian Charter of Rights:

15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Canadians also have the right to be presumed innocent until proven guilty:

Any person charged with an offence has the right a) to be informed without unreasonable delay of the specific offence; b) to be tried within a reasonable time; c) not to be compelled to be a witness in proceedings against that person in respect of the offence; d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

I continue to request an open public hearing into the real methods used by BC Statistics.

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