cover image: Preliminary Issues Information Sheet SECTION41(1)OFTHECANADIANHUMANRIGHTSACT

20.500.12592/r8pxc0

Preliminary Issues Information Sheet SECTION41(1)OFTHECANADIANHUMANRIGHTSACT

7 Jun 2022

41(1)(b) of the Act] The Commission must consider whether or not the other process is “more appropriate” to deal with the allegations raised in the complaint. [...] 41(1)(d) of the Act] Depending on the allegations in the complaint and the available information, this preliminary issue is raised because: ● It is not clear that the Respondent named in this complaint was in an “employment relationship” with the Complainant, or, ● it is not clear that they were the service provider. [...] Is the Respondent named in the complaint in a position to remedy the complaint? Is the Third Party in a position to remedy the complaint? Please explain. [...] What was the nature of the relationship between the Respondent and the Third Party? For example, was there a contract between the Respondent and the Third Party in relation to the services requested by the Complainant? Did the Respondent maintain any control over the service delivery by the Third Party, or did the Third Party act in its own capacity? For example, did the Respondent maintain contro. [...] What, if any, discretion does the Respondent have in the application of the specific section of the law? eDOCS 2851331 (2021) Disponible en français Page 16 of 23 Preliminary Issues Information Sheet The allegations in the complaint were already dealt with through another process The Commission can refuse to deal with a complaint if the allegations in it have been, or could have been, addressed in.
Pages
23
Published in
Canada