The appellant resigned from her position as a lawyer with the respondent city while the first collective agreement was being negotiated.
The finalized agreement included a retroactive salary adjustment but restricted it to employees employed on the date the agreement was signed.
The appellant sued the city and the union, arguing the clause violated the Labour Code and the Charter of Human Rights and Freedoms, and that the union breached its duty of representation.
The Supreme Court of Canada dismissed the appeal, finding that the retroactivity clause was lawful, did not constitute discrimination under the Charter, and that the union had properly carried out its duty of representation in the context of collective bargaining.
