Board to Decide on Disability Complaint Against Trenton Works

An independent human rights board of inquiry is being asked to decide if a former employee of the Trenton Works Limited plant in Pictou County was the victim of employment discrimination.

Dennis Bowden of New Glasgow filed a complaint with the Nova Scotia Human Rights Commission in October 2005, alleging that he was fired from his job with Trenton Works Limited because he had a disability. Mr. Bowden was diagnosed with high blood pressure and an anxiety disorder in the late 1990s. His job was terminated by the company on July 20, 2004 after he was hospitalized due to an anxiety attack.

The independent hearing is being chaired by Elizabeth Cusack and will begin at 10 a.m. on Wednesday, Sept. 12, in Conference Room C of the Charles V. Keating Millennium Centre at St. Francis Xavier University, Antigonish. The board is scheduled to continue on Thursday, Sept. 13, and Friday, Sept. 14.

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.