Worker Can’t File Same Harassment Reprisal Claim in 2 Tribunals
A materials handler brought a labour grievance claiming he was harassed and then fired in reprisal for filing a workers’ comp claim for a back injury and demanding reinstatement. He then brought the action as a separate CNESST discrimination case. These were basically identical claims involving the same facts, parties and requested remedies, CNESST found. So the handler had to choose his remedy—EITHER labour grievance, OR CNESST discrimination claim, but NOT both [El Alaoui and Industries Spectra Premium Ltd., 2017 QCCNESST 539 (CanLII), Nov. 1, 2017].