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Statutory protection against wrongful dismissal is not implicitly incorporated into a collective agreement.
The union filed a grievance against the Cégep's decision to withdraw employment priority from a teacher, alleging it constituted dismissal without good and sufficient cause under s. 124 of the Act respecting labour standards.
The arbitrator found she lacked jurisdiction to apply s. 124 as the collective agreement did not provide an equivalent remedial procedure.
The Supreme Court of Canada dismissed the appeal, holding that s. 124 is not implicitly incorporated into the collective agreement, and where an agreement lacks adequate protection, the Commission des relations du travail has exclusive jurisdiction.
