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ARTICLE · 19 JANUARY 2017

Labour Arbitration Preferred Over Human Rights Adjudication

A recent decision out of Manitoba, Northern Regional Health Authority v. Manitoba (Human Rights Commission), 2016 MBQB 89...

CanadaEmployment and HR

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.

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