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ARTICLE · 12 JUNE 2024

Grievance Procedures - An Appropriate Forum For Human Rights Complaints Within A Unionized Workplace

McLennan Ross LLP
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In three recent decisions, the Alberta Human Rights Tribunal (the "Tribunal") applied its decision in Grewal v Sofina Foods Inc., 2023 AHRC 46 (CanLII) ("Grewal")...

CanadaEmployment and HR
Anthony Espejo
Anthony Espejo
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In three recent decisions, the Alberta Human Rights Tribunal (the "Tribunal") applied its decision in Grewal v Sofina Foods Inc., 2023 AHRC 46 (CanLII) ("Grewal") in upholding three separate complaint dismissals on the basis that grievance procedures will usually be the more appropriate forum for human rights complaints within a unionized workplace.

In Grewal, the Tribunal held as follows:

[23] Accordingly, where human rights issues arise out of a dispute under a collective agreement that permits adjudication of human rights issues and where the complainant filed a grievance, the screening decisions should seriously consider the dismissal discretion under sections 21(1)(a)(iv) or 21(2)(iii) of the Act because the complaint is being, has been, will be or should be more appropriately dealt with in another forum or under another Act. In short, where there is a collective agreement that addresses human rights issues, grievance arbitration will usually be the more

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