Human rights adjudicator can’t decide workplace discrimination complaint: top court

A labour arbitrator — not a human rights adjudicator — ought to weigh a criticism from a unionized Manitoba health-care aide who alleged discrimination by her employer, the Supreme Court docket of Canada has dominated.

The 6-1 choice Friday from the highest court docket is probably going to assist make clear the suitable venue for settling particular office grievances throughout the nation when there’s a query of which statute applies.

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Linda Horrocks, who labored for Northern Regional Well being Authority’s private care house in Flin Flon, Man., suffered from alcohol dependence, which the well being authority agreed was a incapacity protected by each a collective settlement and Manitoba’s Human Rights Code.

The well being authority fired Horrocks in 2012 over alleged consuming exterior the office, opposite to an settlement she abstain from alcohol.

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The well being authority maintained the steps have been vital to guard sufferers, whereas Horrocks stated different choices have been accessible to perform the authority’s aim.

Horrocks then filed a criticism underneath the provincial human rights code, not a grievance pursuant to the collective settlement.

An adjudicator appointed underneath the rights code concluded the well being authority had breached the discrimination provisions of the code, given Horrocks’ alcohol dependence incapacity.

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A reviewing decide subsequently dominated the matter fell inside the sole jurisdiction of a labour arbitrator, however the case then went to the provincial Court docket of Attraction.

The attraction court docket despatched the matter again to the reviewing decide to find out whether or not the choice of the adjudicator and the cures she ordered have been cheap in regulation.

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In its choice Friday, the Supreme Court docket stated that the place labour laws gives for the ultimate settlement of disputes arising from a collective settlement, the jurisdiction of the decision-maker empowered by that laws — usually, a labour arbitrator — is unique.

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“Competing statutory tribunals could carve into that sphere of exclusivity, however solely the place that legislative intent is clearly expressed,” wrote Justice Russell Brown on behalf of the bulk.

“In its important character, Ms. Horrocks’ criticism alleges a violation of the collective settlement, and thus falls squarely inside the arbitrator’s mandate.”

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Additional, the provincial human rights code doesn’t clearly categorical legislative intent to grant concurrent authority to the adjudicator over such disputes, he wrote

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In consequence, the reviewing decide’s order setting apart the adjudicator’s choice ought to be reinstated, the excessive court docket concluded.

© 2021 The Canadian Press | Human rights adjudicator can’t resolve office discrimination criticism: prime court docket


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