Concurrent Jurisdiction: Arbitrator and Human Rights Tribunal

The Alberta Court of Appeal has now ruled in Amalgamated Transit Union, Local 583 v. Calgary (City of), 2007 ABCA 121, that under the Albert legislative regime Labour Arbitrators and the human rights tribunal have a concurrent jurisdiction to review a discrimination complaint brought under a collective agreement grievance. The matter of concurrent versus exclusive jurisdiction between these statutory bodies has long been a controversial issue that appears to be closed at this time.