Can an employer bring a claim against a unionized employee for negligence?

In New Brunswick v. O’Leary, supra, an employer claimed in court that its unionized employee damaged its leased vehicle by negligently driving it on a flat tire during the course of his employment. The court held that the employer's claim for negligence could be the subject of an action only if the dispute did not arise from the collective agreement. It further held that although the agreement did not expressly refer to employee negligence in the course of work, such negligence impliedly fell under the agreement because it contained a provision requiring employees to ensure the safety and dependability of the employer’s property and equipment. Thus, the court held, the essence of the dispute concerned the preservation of the employer’s property and equipment.