Who has jurisdiction over human rights complaints in a unionized workplace?
The Alberta Human Rights Tribunal has upheld a decision by the Director of the Alberta Human Rights Commission to dismiss a worker’s discrimination complaint because the issues brought forward by the complaint were already addressed in a grievance process.
The worker was an employee of the Town of Drumheller, Alta. He suffered a workplace injury in December 2021 and was cleared to return to work on the condition that he only be assigned light work. The town agreed, so the worker returned to work on light duties.
However, according to the worker, he soon was placed on full duties. A short time later, in February 2022, he sustained another workplace injury that required him to take a longer period off work.
The worker eventually returned to work in October, but his doctor recommended that he go off work in April 2023.
The worker met with management and the union to discuss a new position that was within his medical restrictions. According to the worker, the town froze his salary and cancelled training that he needed for certification. He took computer courses for a new position in December 2023, but he was then assigned physical work that was beyond his medical restrictions. The worker claimed that this further aggravated his injury.
According to the town, it set up an office for the worker that supported him ergonomically. After he completed training for the new position,...
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