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Difference between revisions of "BC Human Rights Code (6:III)"
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BC Human Rights Code (6:III) (view source)
Revision as of 21:56, 20 December 2022
, 21:56, 20 December 2022→2. Grievance and Arbitration (Union)
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Unionized workers are entitled to representation by their union. Labour arbitrators have jurisdiction to apply the HRC, and grievances often move more quickly than human rights complaints. However, if the union does not pursue a grievance relating to a human rights issue, the worker may wish to file their own human rights complaint and may even decide to name the union as a party if the worker has grounds to believe the union is complicit in the alleged discrimination. Alleging that the union has failed to provide adequate representation will not be sufficient to qualify as a breach of the HRC on its own; the union must have engaged in the discrimination. | Unionized workers are entitled to representation by their union. Labour arbitrators have jurisdiction to apply the HRC, and grievances often move more quickly than human rights complaints. However, if the union does not pursue a grievance relating to a human rights issue, the worker may wish to file their own human rights complaint and may even decide to name the union as a party if the worker has grounds to believe the union is complicit in the alleged discrimination. Alleging that the union has failed to provide adequate representation will not be sufficient to qualify as a breach of the HRC on its own; the union must have engaged in the discrimination. | ||
As previously stated (see '''Section III.B.7''': Discrimination by Unions, Employer Organizations, or Occupational Associations), there are two ways in which a union may be found liable for discrimination. First by creating or participating in formulating a discriminatory workplace rule, and second by impeding an employer’s efforts to accommodate a disabled employee (''[https://www.canlii.org/en/bc/bchrt/doc/2018/2018bchrt44/2018bchrt44.html Chestacow]'' at para 32) | As previously stated (see '''Section III.B.7''': Discrimination by Unions, Employer Organizations, or Occupational Associations), there are two ways in which a union may be found liable for discrimination. First by creating or participating in formulating a discriminatory workplace rule, and second by impeding an employer’s efforts to accommodate a disabled employee (''[https://www.canlii.org/en/bc/bchrt/doc/2018/2018bchrt44/2018bchrt44.html Chestacow]'' at para 32). | ||
Initiating the grievance procedure can be a good starting point, and can be followed by initiating a human rights complaint. A grievance and a human rights complaint can also be filed in tandem. If the matter is not resolved during the initial stages of the union grievance procedure, an arbitration hearing may be held, and an arbitrator will determine liability and relief. The human rights complaint may be placed in deferral while the grievance process proceeds. If the grievance process resolves the worker’s human rights issue, the human rights complaint will be dismissed. See ''[https://www.canlii.org/en/bc/bcca/doc/2019/2019bcca241/2019bcca241.html Sebastian v Vancouver Coastal Health Authority]'', 2019 BCCA 241 for some of the risks of parallel proceedings in this context. | Initiating the grievance procedure can be a good starting point, and can be followed by initiating a human rights complaint. A grievance and a human rights complaint can also be filed in tandem. If the matter is not resolved during the initial stages of the union grievance procedure, an arbitration hearing may be held, and an arbitrator will determine liability and relief. The human rights complaint may be placed in deferral while the grievance process proceeds. If the grievance process resolves the worker’s human rights issue, the human rights complaint will be dismissed. See ''[https://www.canlii.org/en/bc/bcca/doc/2019/2019bcca241/2019bcca241.html Sebastian v Vancouver Coastal Health Authority]'', 2019 BCCA 241 for some of the risks of parallel proceedings in this context. | ||
=== 3. Human Rights Complaint === | === 3. Human Rights Complaint === | ||