Mark V. Ellis

The applicant filed a human rights application alleging discrimination and reprisal in employment following his termination.

The Tribunal issued a Notice of Intent to Defer because the applicant's union had filed grievances regarding the same termination.

The respondents consented to the deferral, while the applicant opposed it, arguing the arbitration might not fully address damages.

The Tribunal deferred the application, finding that the key issue in both proceedings was the termination of employment, and deferral would avoid adjudicative duplication and inconsistent decisions.

The appellant union applied to the Canada Industrial Relations Board for certification as the bargaining agent for the employees of a children's aid society providing services to Aboriginal families in Toronto.

The agency challenged the application, arguing its labour relations fell under exclusive provincial authority.

The Supreme Court of Canada held that the essential function of the agency is to deliver child welfare services, which is a provincial function.

The presumption of provincial jurisdiction over labour relations was not displaced by the Aboriginal aspects of the agency's operations.

The applicant filed a human rights application alleging reprisal in employment after transferring her complaint from the Commission.

She also commenced a civil action claiming constructive dismissal and discrimination based on the same factual circumstances, but deliberately omitted the reprisal claim from the civil action.

The Tribunal held that section 34(11) of the Human Rights Code bars an application where a civil proceeding has been commenced seeking remedies for an alleged infringement of the Code arising out of the same factual context.

The application was dismissed to prevent duplicate proceedings.