2 total
Parliamentary privilege does not immunize all employee relations, but PESRA ousts CHRA jurisdiction for parliamentary grievances.
The former chauffeur to the Speaker of the House of Commons filed discrimination and harassment complaints with the Canadian Human Rights Commission after his position was declared surplus.
The Speaker and the House of Commons challenged the Commission's jurisdiction, claiming parliamentary privilege over the management of employees.
The Supreme Court of Canada held that the appellants failed to establish a broad parliamentary privilege immunizing all employee relations from external review.
However, the Court ruled that the employee was required to pursue his complaints through the grievance procedure established under the Parliamentary Employment and Staff Relations Act, which ousted the jurisdiction of the Canadian Human Rights Commission for this dispute.
Interim expenses of $300 awarded to insurer due to applicant counsel's failure to attend pre-hearing and produce documents.
The insurer brought a motion for interim expenses against the applicant due to the conduct of the applicant's counsel.
The applicant's counsel failed to attend a scheduled pre-hearing discussion without a reasonable excuse and failed to comply with undertakings to produce medical authorizations and an OHIP summary within the required timelines.
The arbitrator found that the counsel's conduct prejudiced the insurer and frustrated the Commission's mandate to facilitate settlement.
The arbitrator ordered the applicant to pay $300 in interim expenses to the insurer, noting that the award should ideally be paid personally by the counsel.
