In Weilgosh v. London District Catholic School Board, 2024 CanLII 20606, the Ontario Superior Court of Justice (Divisional Court) confirmed that labour arbitrators share concurrent jurisdiction with the Human Rights Tribunal of Ontario over human rights disputes that arise under a collective agreement.
The decision is significant because, in 2021, a similar issue was addressed under The Labour Relations Act of Manitoba and in that case – Northern Health Authority v. Horrocks, 2021 SCC 42 – the Supreme Court of Canada ruled a labour arbitrator appointed under the Manitoba act had exclusive jurisdiction over a human rights claim arising under a collective agreement.
The Weilgosh decision confirms that, in Ontario, the grievance procedure is not the only avenue available for a unionized employee to bring a complaint of an alleged violation of the Ontario Human Rights Code (Ontario code).
