Appointment threatens WorkSafeNB appeal board's 'autonomy': CME

The Canadian Manufacturers and Exporters association is calling on the Liberal government to rescind the appointment of a Fredericton lawyer as chairman of the WorkSafeNB appeals tribunal.

'We're hoping that government takes sober second thought and does indeed rescind the appointment and put in place the candidate that had been recommended by the WSNB board and its stakeholders.'— David Plante, CME

The province announced May 7 that Ronald Gaffney, a well-known lawyer and expert in aboriginal affairs, would lead the appeal's tribunal. Gaffney is also a relative and former law partner of Justice Minister T.J. Burke.

David Plante, vice-president of the CME's New Brunswick chapter, is now saying Gaffney's appointment is threatening the autonomy of the quasi-judicial board.

Plante said Wednesday that the government's appointment was contrary to the recommendation of WorkSafeNB's board.

He said cobbling together support of 17 employer and employee organizations involved in WorkSafeNB was difficult, but he said it was done because of the "overwhelming support for the candidate that was put forth."

"We're hoping that government takes sober second thought and does indeed rescind the appointment and put in place the candidate that had been recommended by the WSNB board and its stakeholders," Plante said.

According to Plante, the provincial government normally respects the recommendation of the board, which is made up of organizations representing workers and employers in the province.

He said the optics of the appointment could "raise the spectre" that the arm's-length tribunal is turning into a government department. Plante said he's hoping the province will reverse course.

"It will be a difficult decision. We are not underestimating the impact it will have on the individuals that are involved, but at the end of the day it's essential that we do what is right," he said.

Plante said the province and WorkSafeNB signed a memorandum of understanding in 2007 that outlined how candidates for the appeal tribunal's chair would be solicited from the organizations involved in the board.

Plante said he wrote a letter to the provincial government on April 6 before the Gaffney appointment was announced to nominate William Goss, a well-known labour lawyer.

"Mr. Goss is a recognized expert in the field of administrative law, is highly respected by his peers and, as such, is of the calibre to be eminently qualified to hold this position," Plante's letter said.

"The New Brunswick Employers Coalition respectfully urges government to fill the chair's position without delay and appoint Mr. Goss to the position."

Arseneault disputes allegations

Training Minister Donald Arseneault rejected many aspects of Plante's argument. In an email, Arseneault said one organization supported a different candidate, and he also pointed out that Gaffney has received the endorsement of two industry groups.

Arseneault also said the cabinet has the right to pick a chair for the appeals tribunal.

"Firstly, this was not done unilaterally, as I consulted with various stakeholders including the board of WorkSafeNB," Arseneault said in an email.

"Secondly, the WorkSafeNB board did not unanimously recommend someone; one board member did not endorse the recommended candidate. They in turn wrote the minister recommending another candidate."

The tribunal's chair is a deputy minister-level appointment. The arm's-length tribunal hears appeals of decisions made by the board.