Splitting the Case
Splitting the Case When reviewing issues of multiple proceedings through different forums, a further issue to be considered is the prohibition against “case splitting”. Presuming that the employee argues that…
Factual Estoppel
Factual Estoppel Should the WC tribunal make findings of fact, the question of factual estoppel will arise. This is independent of the human rights statute and will rest on common…
Workers’ Comp – Human Rights – Issue Estoppel – Same Question?
Workers' Comp - Human Rights - Issue Estoppel - Same Question? Same Question The three elements of a successful issue estoppel test are as follows: (1) that the same question…
Return to Work Issues: Workers’ Comp vs Human Rights
Return to Work Issues: Workers' Comp vs Human Rights The human rights statute and the workers’ compensation process may each apply concurrently to such an issue as a return to…
Workers Comp & Human Rights: The Interplay
Workers Comp & Human Rights: The Interplay Human Rights Violation Not Limited to Human Rights Tribunal As a prelude, it is to be noted that the determination of a human…
Reinstatement as a Remedy in Alberta Human Rights
Reinstatement under Alberta Human Rights Act There is no issue that the Act allows reinstatement as a potential remedy. This being said, orders of reinstatement have been few. The…
The Gatekeeper: Alberta
The Gatekeeper: Alberta Alberta provides a good example of the role of the Commission in denying or permitting a complaint to proceed to hearing. It is the Director’s initial decision…
Choice of Forum: Grievance Process vs Human Rights
Choice of Forum: Grievance Process vs Human Rights The issue as to the right of a unionized worker to use the human rights process, as noted in the above…
The Grievance Process & Human Rights Remedies
The Grievance Process & Human Rights Remedies The issue may arise as to whether a unionized worker is obliged to use the grievance process to submit a human rights complaint,…
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