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ARTICLE · 31 JANUARY 2025

Employers Beware: A Failure To Defend An Employment Standards Complaint May Have Implications In Other Forums

McLennan Ross LLP
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In the recent decision of Miciak v Sarah McLachlan School of Music, 2024 AHRC 114, the Human Rights Tribunal of Alberta (the "Tribunal") affirmed that parallel matters adjudicated by Alberta...

CanadaEmployment and HR
Daniel Weber
Daniel Weber
Zachary Dietrich
Zachary Dietrich
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In the recent decision of Miciak v Sarah McLachlan School of Music, 2024 AHRC 114, the Human Rights Tribunal of Alberta (the "Tribunal") affirmed that parallel matters adjudicated by Alberta Employment Standards may result in a finding of issue estoppel and the Employment Standards decision being accepted as final.

In a previous article, we explored the impact of Employment Standards decisions on civil actions. This case adds to the jurisprudence and informs that the principle of issue estoppel applies in the human rights setting.

Background

In this matter, Laurelle Miciak filed a human rights complaint against her former employer, Sarah McLachlan School of Music (the "Employer"), alleging discrimination in the area of employment practices on the ground of gender under section 7 of the Alberta Human Rights Act.

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