The Supreme Court refused leave to appeal a decision of the
Alberta Court of Appeal in Alberta Union of Provincial
Employees v. Her Majesty the Queen in Right of Alberta, 2013
CanLII 74523. The Court of Appeal decision in AUPE v Alberta, 2013 ABCA 212 had
confirmed that the Alberta Labour Relations Code did not
require human rights issues to be resolved by arbitration. In
Alberta, a provision stipulating that certain employees'
discrimination grievances would be heard by a government official,
and could not be referred to arbitration, did not offend the
Code. The fact that the grievance might address breaches
of both the collective agreement and human rights legislation did
not alter that conclusion.
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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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