How has the collective agreement been interpreted with respect to negligence in the workplace?
British Columbia, Canada
The following excerpt is from Sykes v. Langara College, 1997 CanLII 901 (BC SC):
In New Brunswick v. O'Leary the claim was against an employee for damage to the employer's property. At p.970, McLachlin J. dealt with this as follows: "The Province's principal argument is that the collective agreement does not expressly deal with employee negligence to employer property and its consequences. However, as noted in Weber, a dispute will be held to arise out of the collective agreement if it falls under the agreement either expressly or inferentially. Here the agreement does not expressly refer to employee negligence in the course of work. However, such negligence impliedly falls under the collective agreement. Again, it must be underscored that it is the essential character of the difference between the parties, not the legal framework in which the dispute is cast, which will be determinative of the appropriate forum for settlement of the issue."
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