Grant v. Manitoba Telecom Services Inc.

Grant v. Manitoba Telecom Services Inc.

The motion to add the union was dismissed because the moving party did not demonstrate that impleading the union was necessary to dispose of the complaint and the addition would be prejudicial to the union's procedural fairness; the Respondent may nonetheless raise the union's role at the hearing and seek adjustment of remedies if joint liability is established.

Citation
2010 CHRT 26
Parties
Complainant: Heather Lynn Grant; Commission: Canadian Human Rights Commission; Respondent: Manitoba Telecom Services Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
14 October 2010
Procedural Posture
Canadian Human Rights Complaint / Preliminary Motion (interim Ruling on Motion to Add Party)
Outcome
Motion to add the Telecommunications Employees Association of Manitoba Inc. as a respondent dismissed; inquiry to proceed as planned.
Legal Topics
Disability Discrimination, Addition of Parties to Tribunal Proceedings, Collective Agreement Liability, Procedural Fairness, Tribunal Jurisdiction
Source Language
English
Human Rights Law Employment Law Labour Law Administrative Law Disability Discrimination Addition of Parties to Tribunal Proceedings Collective Agreement Liability Procedural Fairness +1 more

Case Brief

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Parties

Heather Lynn Grant

Complainant

Canadian Human Rights Commission

Commission

Manitoba Telecom Services Inc.

Respondent

Procedural Posture

Canadian Human Rights Complaint / Preliminary Motion (interim Ruling on Motion to Add Party)

Legal Issues

  1. 1 Whether the Tribunal may forcibly add the union as a respondent under s.48.9(2)(b) and Rule 8(3)
  2. 2 Whether addition of the union is necessary to dispose of the complaint
  3. 3 Whether forced addition would prejudice the union by denying defences available at Commission screening (ss.41 and 44)

Ratio Decidendi

The motion to add the union was dismissed because the moving party did not demonstrate that impleading the union was necessary to dispose of the complaint and the addition would be prejudicial to the union's procedural fairness; the Respondent may nonetheless raise the union's role at the hearing and seek adjustment of remedies if joint liability is established.

Court Disposition

Motion to add the Telecommunications Employees Association of Manitoba Inc. as a respondent dismissed; inquiry to proceed as planned.

Orders

  • Motion to add the Telecommunications Employees Association of Manitoba Inc. as a Respondent dismissed
  • Inquiry into the complaint to proceed without adding the Union; Respondent may call union witnesses and make submissions regarding joint liability and remedy at hearing