Can a claim for breach of a collective agreement be brought in superior court?
Saskatchewan, Canada
The following excerpt is from Stratechuk v Mercury Graphics Corporation, 2013 SKQB 274 (CanLII):
Counsel for the respondent submits the essential character of the claim does not arise from the collective agreement and points to the decision in Goudie v. Ottawa (City), 2003 SCC 14, [2003] 1 S.C.R. 141, where the court held alleged promises made by the employer before the employees were subject to the terms of a collective agreement did not arise under the collective agreement and could proceed in superior court. However, the difference in this matter is that this court does not have the right to determine what proper notice of termination should have been, because that is a matter to be determined by collective bargaining, and is outside the jurisdiction of the court to decide.
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