The appellant union filed grievances claiming damages for employees' exposure to second-hand smoke in correctional facilities.
The Grievance Settlement Board determined it lacked jurisdiction to award damages for injuries compensable under the Workers' Compensation Act or the Workplace Safety and Insurance Act, regardless of whether the claim was framed in tort or contract.
The Divisional Court dismissed the application for judicial review.
The Court of Appeal dismissed the appeal, agreeing that the substance of the claim precludes the Board from awarding damages for compensable injuries.
