A recent decision out of Manitoba, Northern Regional Health
Authority v. Manitoba (Human Rights Commission), 2016
MBQB 89, examines the overlapping jurisdiction between labour
arbitration boards and human rights tribunals with respect to
complaints of prohibited discrimination in employment.
Linda Horrocks worked as a health care aid in a personal care
home for the Northern Regional Health Authority (the
"Employer"). Her employment was governed by a collective
agreement between the Employer and the Canadian Union of Public
Employees, Local 8600 (the "Union"). Horrocks
struggled with an alcohol addiction. As a result of a
grievance settlement arising out of an incident of intoxication at
work, Horrocks, the Employer and the Union signed a memorandum of
agreement whereby the employee agreed to abstain from consuming
alcohol.