Can a unionized employee bring forth a human rights claim?

Northern Regional Health Authority v. Horrocks

Unionized employees often have to rely on their unions to bring forth any grievances or workplace issues they may have against their employer. As an exception to this rule, unionized employees could bring forth discrimination claims through human rights tribunals if their human rights had been violated.

However, in Northern Regional Health Authority v. Horrocks, the Supreme Court of Canada held that a unionized healthcare worker could not challenge her discrimination claim through the Manitoba Human Rights Commission.

The Court held that a labour arbitrator has exclusive jurisdiction to settle human rights disputes arising from a collective agreement.

Overview of the Case

In this particular case, Ms. Horrocks filed a human rights application with the Manitoba Human Rights Commission claiming that her employer, the Northern Regional Health Authority (NRHA), failed to accommodate her disability.

Ms. Horrocks has disclosed to her employer that she suffered from alcohol addiction after being suspended for attending work under the influence of alcohol.

Ms. Horrocks was offered her job back on the conditions that she abstain from alcohol and seek addiction treatment. She was subsequently terminated after refusing to agree to terms that were discriminatory.

The union grieved her termination and she was allowed to return to work under the same conditions initially offered to her. Her employment was terminated again for failing to comply with the terms of the agreement.

Ms. Horrocks proceeded to file a complaint with the Manitoba Human Rights Commission. The NHRA contested the jurisdiction of the adjudicator and took the position that only an arbitrator has jurisdiction over disputes arising from human rights complaints in a unionized workplace.

The adjudicator disagreed, found that the employer had discriminated against Ms. Horrocks, and ordered her reinstatement.

The employer had the matter judicially reviewed and it was subsequently appealed to the Manitoba Court of Appeal and the Supreme Court of Canada.

The Court’s Decision

The majority of the Supreme Court held that the Manitoba Human Rights Commission did not have jurisdiction to hear Ms. Horrock’s application. In reaching this decision, it considered two legal questions:

1) Whether the relevant Manitoba legislation grants arbitrators exclusive jurisdiction to settle all disputes arising from the collective agreements; and,
2) whether the nature of the dispute arose from the breach of the collective agreement.

Given that the collective agreement prohibited discrimination, the Supreme Court concluded that the dispute arose as a result of the violation of the collective agreement and only a labour arbitrator has jurisdiction to settle the matter.

The ruling means that the initial decision by the Manitoba Human Rights Commission ordering Ms. Horrock’s reinstatement has no legal standing.

This ruling has a significant impact for unionized employees in Manitoba, who can no longer bring forth a discrimination application to the human rights tribunal.

If a unionized employee in Manitoba can only bring forth a human rights complaint through their union, they will be left without a remedy if the union refuses to advance their claims.

The only option those employees will have in that instance is to file a claim against their union for unfair representation, where unionized employees are seldom successful.

Lessons for Employees

If you are an employee in Manitoba, you need to consult your union and pursue a human rights claim through your union.

Given that different provinces have different legislation, the role this decision will play in other provinces is less clear, including Ontario and British Columbia.

For example, the Supreme Court noted in their decision that the British Columbia Human Rights Code contemplates that the human rights tribunal may have concurrent jurisdiction over disputes.

It is important for employees in Ontario and British Columbia to be cautious and consult a lawyer if they are considering bringing forth a human rights application through the tribunal.

Lessons for Employers

Employers in Manitoba now have clarification that human rights complaints in unionized workplaces will be handled exclusively through the grievance and arbitration process.

If you are an employer in Manitoba, this means that your unionized employees cannot advance their claims through multiple proceedings.