Turf Wars

The Supreme Court in the Horrocks Decision Provides Much Needed Guidance when Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in a Unionized Workplace

Introduction:

The Supreme Court of Canada in Northern Regional Health Authority v. Horrocks 2021 SCC 42 ("Horrocks") recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the jurisdiction of the labour arbitrator empowered by that legislation is exclusive. In doing so, it provided a two-part legal test to resolve jurisdictional disputes between labour arbitrators and competing statutory tribunals.