Labor & Employment Law

Human Rights Tribunal is Not a Panacea for Workplace Disputes

By Michael Fitzgibbon

So says the Human Rights Tribunal itself in Reid v. Molson Coors Canada which involved a Summary Hearing.  According to the Tribunal:

The summary hearing process is outlined in Rule 19A of the Tribunal?s Rules of Procedure.  In a summary hearing, the issue is whether the Application should be dismissed in whole or in part on the basis that there is no reasonable prospect that the Application or a part thereof will succeed.

The Tribunal dismissed the application as there was "no real prospect that the Application will succeed".  The Tribunal observed:

It is evident that the parties are engaged in a number of work-related disputes and that the applicant feels that he has been treated unfairly by the respondents and his union. The Tribunal, however, is not a panacea for workplace disputes and general allegations of unfairness.  The Tribunal?s authority is to determine whether there has been discrimination on a ground prohibited by the Code or a reprisal for asserting one?s Code rights.

This is another case in a growing line of cases where the Tribunal has taken a narrow and foccused view of its role and function.  

Full post as published by Thoughts from a Management Lawyer on March 05, 2011 (boomark / email).