This information sheet tells you:
A respondent must show three things:
A “proceeding” is a formal system of resolving disputes. Examples:
Grievance arbitrators have authority to decide human rights issues.
Courts do not have the power to hear human rights complaints. But, courts may deal with the same issue as in a complaint.
Example. A court decides if harassment caused the complainant to leave their job.
Many processes do not have authority to decide human rights issues. Examples:
But, the Tribunal may consider the facts from another process.
Example. Another tribunal has a hearing. It finds the employer did not know the complainant was pregnant when it fired her. The Tribunal might decide it is bound by this fact. It might find the complainant has no reasonable chance of winning her case.
A respondent must show that the other proceeding dealt with the same issues as in the complaint. It must give the Tribunal evidence. Examples:
Usually, the other proceeding deals with the issue in a decision. The other proceeding might also deal with the issue in a settlement.
“Appropriately” means the complainant or their union had a chance to address the issue.
The Tribunal does not consider whether:
The complainant can file an appeal or review if they disagree with the other proceeding.
“The complainant’s union raised the same discrimination issue. See attached grievance. The arbitrator had the power to deal with the issue. The arbitrator’s decision deals with the issue. See page 7 of the attached decision.”