Examining the Delineation of Jurisdiction Between Human Rights and Labour Arbitration After Figliola and Penner

Abstract

There has been a long-time debate over whether issues conclusively decided at labour arbitration should be subject to a subsequent proceeding before a human rights tribunal. The author examines Supreme Court of Canada decisions dealing with re-litigation of issues before multiple decision-makers, and demonstrates how they are interpreted by the human rights tribunal. This paper identifies principles from cases before other decision-makers that can be applied to the problem of shared jurisdiction between labour arbitration and human rights.