On Thursday, March 14, 2024, the Divisional Court dismissed an application for judicial review in the case of London Catholic District School Board v Weilgosh. The Court upheld a previous decision of the Human Rights Tribunal of Ontario (HRTO), which held that the HRTO has concurrent jurisdiction, along with labour arbitrators, to determine employment-based human rights claims arising in a unionized workplace. This means that unionized workers who believe their rights under the Human Rights Code have been violated can pursue remedies either through the grievance process established under their collective agreement, or directly through the HRTO’s processes.
The Ontario Human Rights Commission (OHRC) intervened in this matter before the HRTO and at the Divisional Court to ensure that workers in Ontario have broad access to Ontario’s human rights system, whether through labour arbitration, or through the HRTO. The Court’s decision is consistent with the OHRC’s position and helps to ensure access to justice for workers whose human rights have been violated.