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–).

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