The appellant appealed an order striking his statement of claim.
The Court of Appeal held that the appellant could not enforce rights from a protocol after a collective agreement commenced, rendering his claim for a declaration for that period hypothetical.
However, the Court found that any individual contractual rights existing prior to the collective agreement were not erased.
The appeal was dismissed, but the appellant was granted leave to amend his statement of claim to confine it to the period before the collective agreement commenced.
