As manager of Community Outreach Services, you oversee the youth outreach program. CCHC has just received funding for a new Aboriginal Outreach Worker (Job Description is below). You need to fill this position quickly and decide to promote from within. You receive two internal candidates.

Canadate # 1: Miigwan. Miigwan is a Part-Time worker who has been with the organization for 6 months. She currently works in the Community Outreach Program with adults. She has a 3-year child and youth worker degree and is of Aboriginal origin. She has a driver's license and car and has previously worked in a harm reduction clinic. Miigwan has a good performance record but has been noted to be late on occasion. Her current supervisor stated she performs well when directly supervised.

D'Shawn is a Temporary worker who has been with the organization 14 months. D'Shawn has been covering a maternity contract that was scheduled to last 12 months, however this was extended by the original worker for 3 more months. D'Shawn is set to be released from employment in 30 days. D'Shawn is currently working as an inpatient staff with the acute care unit. He does not have experience with harm reduction in the community. D'Shawan is also from Jamaica and is not Aboriginal. D'Shawn's supervisor states he has done a terrific job and there are no supervisory concerns. Although graduating with an English language degree, D;Shawn has years of experience in the mental health field and taken some courses in mental health care. He does not have a First Aid certificate but says he is willing to get one.

After careful review you decide to select Miigwan for the role, despite knowing that D'Shawn will soon be out of work.

D'Shawn learns of the decision and comes to your office. He says that you hired Miigwan over him because she is Aboriginal, and he is black. He says that this is discrimination and that he will file a grievance with the union if you do not reverse the decision and "make him whole". He also says he will take the organization to a Human Rights Tribunal if the decision is not reversed.

Scenario # 3: How do you respond to D'Shawn? Do you reverse the decision? Why or why not?

COLLECTIVEAGREEMNT::5.1 The Employer and the Union agree that there shall be no discrimination, intimidation, interference, restraint or coercion exercised or practiced by either of them or by any of their representatives or members because of an employee's membership or non-membership in the Union, activity or lack of activity in the Union, or because of any Employee exercising their rights under the Ontario Labour Relations Act.

12.02 In selecting the successful applicant, the Employer shall consider the qualifications, experience, education, skill, and ability of the individual to perform the duties of the position. Where two or more applicants have a similar level of skill, ability, qualifications, education, and experience to perform the duties of the position then the Employer shall award the position to the applicant with the greatest seniority.

Where no bargaining unit employee possesses the skill, ability, qualifications, education and experience to perform the duties of the position, only then will non-bargaining unit member applicants be awarded the vacant position.

The Employer agrees to provide written reasons to an unsuccessful bargaining unit applicant. The Employer agrees that a successful internal candidate will be put into the position within 45 calendar days of the start of the vacancy.

• As a grouP
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