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Arbitrator has jurisdiction over wrongful dismissal grievance as collective agreement provides equivalent protection to statutory standard.
The union filed a grievance against a decision not to renew the contract of a university professor, arguing it amounted to a dismissal without good and sufficient cause under the collective agreement and s. 124 of the Act respecting labour standards.
The arbitrator found the collective agreement established an equivalent remedial procedure and ordered the parties to proceed under it.
The Supreme Court of Canada dismissed the appeal, holding that the collective agreement's provisions regarding dismissal were sufficiently clear and provided an equivalent procedure to s. 124, giving the arbitrator jurisdiction to hear the grievance without incorporating the statutory provision.
