Human Rights In Unionized Workplaces: Do Arbitrators Have Exclusive Jurisdiction?

In a decision released last Friday, the Supreme Court of Canada affirmed the exclusive jurisdiction of labour arbitrators to consider all matters falling under a Collective Agreement, including human rights claims. In Northern Regional Health Authority v Horrocks, 2021 SCC 42, Linda Horrocks made a complaint against her employer, the Northern Regional Health Authority ("NRHA"), alleging that they discriminated against her on the basis of disability and failed to properly accommodate that disability. 

In 2011 Horrocks was suspended for attending work while under the influence of alcohol, and she subsequently disclosed to her employer that she had an alcohol addiction. Her employer offered her an agreement under which she was required to abstain from alcohol and receive treatment for her addiction. Horrocks refused to sign the agreement, and NRHA terminated her employment. Horrocks' union filed a grievance based on the termination, and Horrocks was reinstated on