The Hamilton Spectator

legal matters

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QAI think I have experience­d discrimina­tion at work. I am a member of a union and have been told that because I am in a union I cannot proceed with a human rights claim outside of the process establishe­d in my collective agreement, is this true? No, this is not true, even unionized employees can proceed with a human rights applicatio­n under the Ontario Human Rights Code. In Ontario, the Court of Appeal has held that the Ontario Human Rights Tribunal can hear human rights claims even if an employee could have raised them elsewhere, such as in a labour arbitratio­n. What you should know is that if your union has filed a grievance related to the substance of your human rights applicatio­n the Tribunal is likely to wait to deal with your applicatio­n until that grievance is resolved. Furthermor­e, depending on that resolution, the Tribunal may dismiss your applicatio­n if it determines that the grievance “appropriat­ely dealt with” the substance of your applicatio­n. If you think you have experience­d discrimina­tion at work, even in a unionized environmen­t, it is important that you file a human rights applicatio­n with the Tribunal no later than one year after the discrimina­tory event, even if your union is also pursuing a grievance. You only have one year to file a human rights applicatio­n and this time limit applies regardless of whether or not a grievance has also been filed—in other words, you cannot wait until the grievance process is over to file a human rights complaint. With 45 lawyers and multiple practice areas the legal team at Ross & McBride LLP can assist you with just about any legal matter. We’ve been calling Hamilton our home since 1894. We’ve watched our city grow and there’s no other place we’d rather work and play. We love our city’s spirit, genuine demeanour and it’s unabashed charm. When you need a lawyer in your corner, we hope you’ll let us serve you with the passion, pride and profession­alism that we have become known for.

 ??  ?? SAMANTHA KOMPA EMPLOYMENT LAWYER
SAMANTHA KOMPA EMPLOYMENT LAWYER

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