To Grieve Or Not To Grieve?

The standard process in Ontario for well over a decade is for the Ontario Human Rights Tribunal (OHRT) to defer human rights applications pending the completion of a labour arbitration for unionized employees. If the substance of the human rights matter set out in an OHRT application (the "Complaint") is appropriately dealt with at arbitration, the OHRT will decline to rehear the Complaint; if it is not – the Complaint will proceed before the OHRT.

What is new:

Allegations made under the Human Rights Code (Code) do not fall within the exclusive jurisdiction of labour arbitrators as the OHRT has concurrent jurisdiction over employment-related human rights matters for unionized employees says the recent decision of Weilgosh v. London District Catholic School Board.