Labour Arbitrators, Not Human Rights Tribunals, Have Exclusive Jurisdiction Over Alleged Human Rights Disputes Arising From Collective Agreements

• Published date: 01 November 2021
• Subject Matter: Employment and HR, Contract of Employment, Employment Litigation/ Tribunals, Employee Rights/ Labour Relations
• Law Firm: Cox & Palmer
• Author: Ms Jessica Bungay

On October 22, 2021, the Supreme Court of Canada released the decision of Northern Regional Health Authority v Horrocks, 2021 SCC 42 in which it explained that human rights tribunals are without jurisdiction to consider human rights disputes arising from the interpretation, application or alleged violation of a collective agreement. Such issues fall within the exclusive jurisdiction of labour arbitrators.

Facts:

The Employee worked for the Northern Regional Health Authority (the "Employer") in Manitoba. The Employee was a member of a union. Thus, the terms and conditions of her employment were governed by the collective agreement between the Employer and her union.

In 2011, the Employee was suspended from work for having attended work under the influence of alcohol. She disclosed to her employer that she had an alcohol dependency, which is a recognized disability that triggers the duty to accommodate. Following this disclosure, the Employer provided the Employee with a "Last Chance Agreement" which stipulated that the Employee was to abstain from alcohol and undergo treatment for her alcohol dependency. The Employee refused to enter into the Last Chance Agreement. Consequently, her employment was terminated.

The Union filed a grievance in relation to the Employee's termination. The grievance was settled by an agreement that the Employer reinstate the Employee, subject to certain conditions, which were substantially similar as to those set out in the Last Chance Agreement the Employee had refused to sign.

Shortly thereafter, the Employee was fired for having consumed alcohol, contrary to the terms of the settlement agreement. The Union refused to file a grievance in relation to this second termination. The Employee filed a complaint with the Manitoba Human Rights Commission (the "Commission") alleging that the termination was discriminatory. The Commission appointed an adjudicator under the Manitoba Human Rights Code. The Employer contested the adjudicator's jurisdiction, arguing that a labour arbitrator had exclusive jurisdiction to determine issues arising from the collective agreement, including human rights complaints. The adjudicator disagreed with the Employer and held that she had jurisdiction over the complaint. The adjudicator further found that the Employer had discriminated against the Employee and ordered that the Employee be reinstated to her position.

The Employer sought judicial review of the adjudicator's decision regarding jurisdiction...