Does an arbitrator have jurisdiction to deal with harassment grievances?

Manitoba, Canada


The following excerpt is from Giesbrecht v. McNeilly et al., 2008 MBCA 22 (CanLII):

50 A recent appellate authority confirming the broad jurisdiction of an arbitrator to deal with harassment grievances is Ferreira v. Richmond (City), 2007 BCCA 131, 280 D.L.R. (4th) 330. The plaintiff alleged that several of his co-workers had harassed him to the point of personal injury and that the City had done nothing about it. In agreeing that the claim could not be litigated, even in the absence from the collective agreement of a non-harassment clause, Ryan J.A. said “.... the heart of his complaint is about his employer’s failure to prevent or address allegedly shocking working conditions and to provide a safe work environment. All of these allegations are intrinsically linked to the employment relationship. ....” (at para. 57).

Other Questions


Does an arbitrator have jurisdiction to interpret a Collective Agreement? (Alberta, Canada)
Does a Deputy Judge erred in failing to find that the dispute was within the exclusive jurisdiction of the OLRB or the labour arbitrator? (Ontario, Canada)
What is the test for a challenge to arbitrator’s jurisdiction? (British Columbia, Canada)
Is there any excess jurisdiction by the Arbitrator for a breach of the rules of natural justice? (Ontario, Canada)
What jurisdiction does an arbitrator have over conditions of employment? (Ontario, Canada)
What is the test for a challenge to the jurisdiction of an arbitrator? (British Columbia, Canada)
What is the legal test used to determine whether an arbitrator has jurisdiction to enforce an order or enforce compliance? (British Columbia, Canada)
What is the test for arbitrator jurisdiction in a grievance? (Ontario, Canada)
What is the exclusive jurisdiction of an arbitrator under a collective agreement? (Ontario, Canada)
What is the legal test for arbitrator's jurisdiction in a dispute between two parties? (Ontario, Canada)