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).

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