Can a dismissal be dismissed for just cause if it violates human rights standards?
British Columbia, Canada
The following excerpt is from West Fraser Mills Ltd. v. United Steelworkers of America, 2012 BCCA 50 (CanLII):
It is well-established that substantive rights and obligations under the Human Rights Code are incorporated into collective agreements, and that an arbitrator must be cognizant of those rights and implement and enforce them in the course of making an award (Parry Sound (District) Social Services Administration Board v. O.P.S.E.U., Local 324, [2003] 2 S.C.R. 157, 2003 SCC 42). Human rights standards, therefore, are not mere “add-ons” to rights under collective agreements, but rather form an integral part of the agreements themselves. A dismissal cannot be for “just cause” if it violates human rights standards.
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