Supreme Court Of Canada Concludes Arbitrators Can Have Exclusive Jurisdiction Over Human Rights Disputes

• Published date: 09 December 2021
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment, Employee Rights/ Labour Relations
• Law Firm: Filion Wakely Thorup Angeletti LLP
• Author: Mallory Allan

Bottom Line

In Northern Regional Health Authority v Horrocks, 2021 SCC 423, ("Horrocks") the Supreme Court of Canada held, in a 6-1 ruling, that the Manitoba Human Rights Commission did not have jurisdiction to hear a human rights dispute in a unionized workplace. Rather, the Court ruled that, given the legislative framework in Manitoba, labour arbitrators have exclusive jurisdiction over unionized workers' complaints of human rights violations in the workplace.

Factual Background

Linda Horrocks (the "Employee") was a health care aide at the Northern Lights Manor, a personal care home run by the Northern Regional Health Authority (the "Employer"). The collective agreement between the Employer and the Employee's Union, the Canadian Union of Public Employees, Local 8600, prohibited discrimination on the basis of the employee's physical or mental disability, which is also a statutory protection under the Manitoba Human Rights Code (the "Manitoba Code")

The Employee disclosed her alcohol addiction and refused to enter into a "last chance agreement" requiring that she abstain from alcohol and engage in addiction treatment. The Union filed a grievance, which was settled by an agreement reinstating her employment on substantially the same terms as the last chance agreement. Shortly thereafter, the Employer terminated the Employee's employment for an alleged breach of those terms, citing her intoxication at work and a lack of "reasonable assurance" that her addiction was being treated and controlled.

The Manitoba Code Complaint

The Employee then filed a complaint with the Manitoba Human Rights Commission, which was heard by an adjudicator appointed under the Manitoba Code. The Employer contested the adjudicator's jurisdiction to hear the complaint, arguing the Supreme Court of Canada's judgment in Weber v Ontario Hydro, [1995] 2 SCR 929 ("Weber") recognizes exclusive jurisdiction in an arbitrator appointed under a collective agreement, and that this jurisdiction extends to human rights complaints arising from a unionized workplace.

Chief Adjudicator Walsh at the Manitoba Human Rights Commission disagreed with the Employer's argument, finding that she had jurisdiction. While Weber does recognize exclusive jurisdiction in labour arbitrators over disputes that arise from the interpretation, application, administration, or violation of a collective agreement, the essential character of this dispute, she held, was an alleged human rights violation. Chief Adjudicator...