The Divisional Court Confirms: Unionized Employees in Ontario can Pursue Human Rights Claims at the HRTO

  • July 02, 2024
  • Sarah Mills

On March 13, 2024, the Ontario Divisional Court’s decision in London District Catholic School Board v. Weilgosh confirmed that the Human Rights Tribunal of Ontario (the “HRTO”) and labour arbitrators share concurrent jurisdiction to determine employment-based human rights claims arising in unionized workplaces.[1] This is a significant decision for unionized workers in Ontario, as it allows them autonomy to pursue remedies for human rights claims either through the grievance process established under their collective agreement, or as individual applicants at the HRTO.

In this case, the employee was a member of the Ontario English Catholic Teachers’ Association (“OECTA”) who claimed that her school board employer discriminated against her on the basis of disability. The OECTA filed a number of grievances on the employee’s behalf, who then later filed her own application at the HRTO.

Shortly after the employee filed her application, the Supreme Court of Canada released its decision in Northern Region Health Authority v. Horrocks (“Horrocks”), which held that in Manitoba, labour arbitrators have exclusive jurisdiction over human rights issues arising in the workplace for unionized employees.[2]