Complaint dismissed as res judicata; Board lacks jurisdiction to arbitrate collective agreement violations.
The complainant, a probationary teacher, filed a complaint alleging his termination violated several provisions of the Colleges Collective Bargaining Act.
A previous complaint regarding the same termination had been dismissed by the Board.
The Board applied a doctrine analogous to res judicata, holding that the complainant could not relitigate the termination or raise new allegations that could have been brought in the earlier proceeding.
The Board also found it lacked jurisdiction to arbitrate alleged violations of the collective agreement under section 52(1) of the Act.
The complaint was dismissed.
Dr. Bidhu B. P. Sinha v. Fanshawe College of Applied Arts and Technology, 1981 CanLII 793