How have the parties in a collective agreement been dealt with in court?

Ontario, Canada


The following excerpt is from Dicienzo v. McQuillan, 2007 CanLII 29657 (ON SC):

The defendant, the mover of the motion, submitted: The defendant further submits that none of that matters pleaded can be litigated in the courts because of the combined effect of the collective agreement and s. 54 of the School Boards and Teachers Negotiations Act, supra, which requires any differences arising from the collective agreement and any alleged violation thereof to be arbitrated, with the award declared to be final and binding upon the parties and upon any employee affected by it. Article 24 of the collective agreement provides that no teacher shall be disciplined without just cause. The letter was written by the defendant in her capacity as principal and the placing of the letter on the plaintiff's file was a form of discipline. Further, the basis of the whole dispute was the employment relationship and hence, the defendant submits, the letter must be grieved and not litigated. (Venneri v. Bascom, supra, at p. 288-289)

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