Unionized Employee: Grievance Or Human Rights Complaint?

The Alberta Human Rights Commission and labour arbitrators hold concurrent jurisdiction over human rights issues in unionized workplaces, as highlighted by a recent decision from the Chief of the Alberta Human Rights. However, the Commission will generally defer to the grievance process under collective agreements, except in rare circumstances where the grievance process is not a suitable alternative. This means that, absent exceptional circumstances, human rights issues should be addressed through the grievance arbitration process. It is therefore important for unionized employees and employers to consider the appropriate forum in which to file and deal with such issues.

When faced with a human rights complaint by a unionized employee, employers should consider if it is necessary to apply to the Director of the Commission for a dismissal of the human rights complaint.