Is an arbitrator obligated to ensure that the provisions of a collective agreement comply with the Human Rights Code?
British Columbia, Canada
The following excerpt is from HMTQ v. Matuszewski, 2008 BCSC 915 (CanLII):
An arbitrator is obliged to ensure that the provisions of a collective agreement comply with the Human Rights Code: Parry Sound (District) Social Services Administration Board v. Ontario Public Service Employees Union, Local 324, (O.P.S.E.U.), [2003] 2 S.C.R. 157, 2003 SCC 42 at para. 23.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an arbitrator deal with a collective agreement that expressly or inferentially arises out of the collective agreement? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
What is the meaning of the language of the Canadian Human Rights Code in the context of human rights legislation? (British Columbia, Canada)
Does a collective agreement protect a plaintiff in a personal injury action brought by a non-party to the collective agreement? (British Columbia, Canada)
What is the test for determining whether the Human Rights Tribunal of BC has jurisdiction to hear a human rights complaint against the respondent? (British Columbia, Canada)
What is the test for determining whether there has been a breach of an individual’s rights under s. 15(1) of the Canadian Human Rights Code? (British Columbia, Canada)
What is the impact of a finding under s. 15(1) of the Canadian Human Rights Code? (British Columbia, Canada)
What is the purpose of s. 15(1) of the Canadian Human Rights Code? (British Columbia, Canada)
When is hearsay evidence admitted under Rule 51(9) of the Canadian Human Rights Code? (British Columbia, Canada)
What is the test for striking out a collective agreement provision? (British Columbia, Canada)
