Multiple Forums and the Enforcement of Employment Rights
Author | Geoffrey England |
Pages | 274-282 |
CHAPTER 8
MULTIPLE FORUMS AND
THE ENFORCEMENT OF
EMPLOYMENT RIGHTS
Protective employment statutes, such as the human rights and labour
standards acts examined in the preceding two chapters, normally con-
tain special administrative procedures for enforcing the rights estab-
lished thereunder. These administrative procedures may potentially
intersect with civil litigation in the courts in at least two situations:
(1) when an employee attempts to bring a civil action to enforce claims
conferred by the statute in question; and (2) when an employee has
commenced proceedings in one forum and subsequently launches a
complaint in a different forum. There is also the question of an un-
successful party seeking judicial review to quash the decision of a
statutory tribunal, but that is beyond the scope of this book, properly
falling within the purview of general administrative law.1
A. THE ROLE OF THE COURTS IN
ENFORCING EMPLOYMENT STANDARDS
AND HUMAN RIGHTS CLAIMS
Regarding claims under employment standards acts, courts permit
employees to launch civil actions to enforce their statutory rights in-
1 The leading authority is Dunsmuir v. New Brunswick, 20 08 SCC 9. See generally D.
Mullan , Administrative Law (Toronto: Irwin Law, 2001); R. Charney & T. Br ad y,
Judicial Revi ew in Labour Law, looseleaf (Aurora, ON: Can ada Law Book, 1997–).
274
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