Since the Supreme Court decision in British Columbia (Workers’ Compensation Board) v. Figliola (“Figliola”), the Human Rights Tribunal of Ontario (the “Tribunal”) has taken a more narrow approach to its jurisdiction to hear applications where another tribunal has dealt with the same or similar issues. However, recent case law suggests that the Tribunal is moving away from the more narrow Interpretation of its jurisdiction that was laid out in Figliola.
Every organization has disciplinary concerns at some point in time arising from an employee’s actions which are deemed unacceptable to the employer and which may require some form of discipline to be administered. Generally, employees respect the need for discipline and usually appreciate having a disciplinary process that is deemed to be fair and impartial.
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