Can an employer proceed with a civil action against an employee?

In the New Brunswick case it was the employer who tried to proceed with a civil court action against an employee, alleging that the employee negligently caused damage to a rented vehicle which had been supplied by the employer. McLachlin J. wrote at pp. 969-70: In the companion case of Weber v. Ontario Hydro ... I discuss the applicable law. I conclude that the courts lack jurisdiction to entertain a dispute between the parties which arises out of the collective agreement, subject to a residual discretionary jurisdiction in courts of inherent jurisdiction to grant relief not available under the statutory arbitration scheme. Whether a matter arises out of the collective agreement is to be determined having regard to the essential character of the dispute and the provisions of the collective agreement.