The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective.
Weilgosh confirms the status quo in Ontario remains, distinguishing the Supreme Court’s decision in Horrocks, based on the unique language in the Ontario Human Rights Code, employees and applicants may choose to pursue human rights claims before labour arbitrators or HRTO.
The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes.