The Canadian Press(CP)
Copyright 2006 Press News Limited
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RICHMOND, B.C. — Richmond firefighter Jeanette Moznik’s harassment case is far from over.
A lawyer for Moznik says he plans to file a grievance against the city over systemic harassment allegations — despite a judge’s refusal to hear the case in court.
On Thursday, B.C. Supreme Court Justice Brian Joyce agreed with the city that he did not have the proper jurisdiction to hear the case because it was essentially a labor-relations dispute that can be resolved through arbitration.
Steve Gibson, Moznik’s lawyer, said the ruling does not change the nature of the case.
“The court simply refused to maintain jurisdiction and we have to proceed with an arbitration — and that is what we intend to do,” he said. “It’s going to probably be a private matter that Vince Ready will deal with. That is what we expect to be proceeding with in the near future.
“It doesn’t change the facts of the case. It simply means we have to proceed in a different manner.”
Moznik says she was the victim of a series of graphic incidents, some with sexual overtones, after the amalgamation of city fire services with the Vancouver airport fire service in 1995.
In August 2005, she filed a statement of claim in B.C. Supreme Court seeking damages from the city and several firefighters.
Moznik complained that her locker was once broken into with bolt cutters and dry chemicals sprayed over its contents.
On another occasion, her work clothes were shredded, forcing her to borrow spares from Jocelyn Roberts, a female colleague who committed suicide in early 2005.
Hardcore pornography was openly displayed in her presence and human feces was put in her boots and pants, she claimed.
The firefighters’ union has said it is prepared to consider the merits of any grievance filed and the city has said that under the collective agreement, there’s nothing to stop her from filing a grievance.
Moznik has not worked since August 2001.