Labour Studies Index

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

Document type Thesis
Author Regan, Anne Elizabeth
Degree Master of Laws
Publisher University of Toronto; Toronto
Date 2015-11
Pages 56


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.