No more human rights forum shopping?

August 25, 2013 0 COMMENTS

By Lindsey Taylor

A few weeks ago, we reported on the recent decision in Baker v. Navistar Canada Inc., which confirmed that unionized employees aren’t able to bring employment claims to court. Rather, these claims must be brought within the framework of the special legal relationship between the union and the employer, either by way of a grievance or a complaint to the respective Labour Relations Board if there are grounds to do so.

But what about human rights issues – where should a unionized employee address those? And can a unionized employee pursue claims in both arbitration and human rights forums? A recent case from the British Columbia Human Rights Tribunal, Mahdi v. Hertz Canada, says “no.” read more…