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.
