The Supreme Court refused leave to appeal a decision of the Alberta Court of Appeal in Alberta Union of Provincial Employees v. Her Majesty the Queen in Right of Alberta, 2013 CanLII 74523. The Court of Appeal decision in AUPE v Alberta, 2013 ABCA 212 had confirmed that the Alberta Labour Relations Code did not require human rights issues to be resolved by arbitration. In Alberta, a provision stipulating that certain employees’ discrimination grievances would be heard by a government official, and could not be referred to arbitration, did not offend the Code. The fact that the grievance might address breaches of both the collective agreement and human rights legislation did not alter that conclusion.
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