Difference between revisions of "BC Human Rights Code (6:III)"

Assuming one exists, this is the most immediate way to obtain a remedy. However, there is typically a heavy burden on the employee, as witnesses may be reluctant to come forward and legal counsel is usually not retained at this stage.

Unionized workers are entitled to representation by their union. If the union backs out of its obligation, the worker may wish to file a human rights complaint and may even decide to name the union as a party if the worker has grounds to believe the union is complicit in the alleged discrimination. Generally, alleging that the union has failed to provide adequate representation will not be sufficient to qualify as a breach of the HRC on its own, the union must have engaged in the discrimination. However, initiating the grievance procedure is a good starting point, and can be followed by initiating a human rights complaint. A grievance and a complaint can also be filed in tandem. If the matter is not resolved during the initial stages of the union grievance procedure, an arbitration hearing may be held, and an arbitrator will determine liability and relief.