Canadian Human Rights Commission has Primary Jurisdiction for Federal Discrimination Complaints: FCA

When an unjust dismissal complaint under the Canada Labour Code alleges discrimination, does the Canada Industrial Relations Board (the “CIRB”) have jurisdiction to hear it, or must the employee proceed through the Canadian Human Rights Commission instead?

In Kaseke v. Toronto Dominion Bank, 2025 FCA 8, the Federal Court of Appeal affirmed an earlier decision of the CIRB, which held that if the facts giving rise to an unjust dismissal complaint could also ground a human rights complaint, paragraph 242(3.1)(b) of the Canada Labour Code bars the CIRB from hearing it, because the Canadian Human Rights Act provides another procedure for redress. The CIRB may only hear the matter if the CHRC first refers the complaint back.

Judge Gives KISS Off to Gene Simmons Discrimination Claim

(c) istock/DenTv

Can you sue someone in Ontario civil court exclusively for discrimination under the Ontario Human Rights Code? Definitely not, according to a decision of the Ontario Superior Court of Justice sitting at Ottawa involving Gene Simmons and a KISS concert: Lee v Simmons et al., 2017 ONSC 4980.

Appeals Court Upholds Employee’s Reinstatement 9 Years After Termination

At the end of 2013, this blog proclaimed the decision of the Human Rights Tribunal of Ontario in Fair v. Hamilton-Wentworth District School Board, 2013 HRTO 440, as the number one case in Ontario employment law for that year. At the end of September 2014, the Tribunal’s decision was upheld by a three-judge bench of the Ontario Divisional Court: 2014 ONSC 2411.

While one has to assume that this case is still yet far from over, the purpose of this post is to consider the decision of the Divisional Court with respect to this matter.