The defendants brought motions to dismiss a civil action commenced by a former teacher alleging workplace harassment, bullying, and constructive dismissal.
The plaintiff had been a member of a bargaining unit governed by a collective agreement between the school board and the teachers’ federation.
The court considered whether it had jurisdiction to hear the dispute or whether the claims fell within the exclusive jurisdiction of labour arbitration under the Labour Relations Act.
Applying the Supreme Court of Canada’s framework from Weber, the court held that the essential character of the dispute arose from the employment relationship governed by the collective agreement.
As the matters should have been addressed through the grievance and arbitration process or before the Ontario Labour Relations Board, the court lacked jurisdiction.
