On October 22, 2021, the Supreme Court issued a decision in the
Horrocks case1 regarding the respective
jurisdictions of labour arbitrators and human rights tribunals.
Although the original decision was handed down in Manitoba, the
Horrocks ruling is of some interest to Quebec
employers.
Facts
Linda Horrocks, an employee of the Northern Regional Health
Authority, was suspended for coming to work while under the
influence of alcohol. After disclosing her alcohol addiction to her
employer, she was asked to enter into an agreement that required
her to abstain from alcohol and engage in addiction treatment
(commonly referred to as a "last chance agreement"). Ms.
Horrocks refused to enter into such an agreement and her employment
was terminated. Her union filed a grievance, which was settled by
an agreement reinstating her employment on the same terms as the
last chance agreement. However, shortly after her reinstatement,
Ms. Horrocks was terminated again for an
