Is a unionized unionized employee entitled to arbitration in a dispute arising out of a collective agreement?
Ontario, Canada
The following excerpt is from Claxton v. BML Multi Trades Group Ltd., 2002 CanLII 20968 (ON SC):
Based on Weber v. Ontario Hydro 1995 CanLII 108 (SCC), [1995] 125 D.L.R. (4th) 583 (S.C.C.) BML submits that these legislative provisions create a scheme for the settlement of all workplace disputes that arise expressly or inferentially from the collective agreement, including any question as to whether the matter is arbitrable. They reflect the policy of the legislature that such disputes are to be resolved by arbitration rather than through the courts.
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