Postscript: Multiple Forums and the Enforcement of Employment Rights

• Author: Geoffrey England
• Pages: 212-219

CHAPTER

8

POSTSCRIPT*

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 three situations:

(1)

when

an

employee attempts

to

bring

a

civil action

to

enforce

claims

conferred

by the

statute

in

question;

(2)

when

an

unsuccessful party

seeks judicial review

to

quash

the

decision

of the

applicable adminis-

trative

tribunal;

and (3)

when

an

employee

has

commenced proceed-

ings

in the

applicable administrative

forum

and

subsequently launches

a

complaint

of

wrongful

dismissal,

or

some other complaint based

on

breach

of the

employment contract

— in the

courts;

or

vice versa.

A.

THE

ROLE

OF THE

COURTS

IN

ENFORCING

EMPLOYMENT

STANDARDS

AND

HUMAN RIGHTS

CLAIMS

Regarding

claims under employment standards acts,

the

courts

are

divided

on

whether

or not an

employee

can

launch

a

civil action

to

enforce

his or her

statutory rights instead

of

proceeding under

the

spe-

cial statutory machinery.

There

are

several

possible

bases

for a

civil

action:

straightforward breach

of the

act; breach

of a

term

in the

con-

tract

of

employment,

the

term

in

question being

the

statutory entitle-

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