The appellant was dismissed by the respondent and his dismissal grievance, filed by his union, was dismissed at arbitration.
The appellant alleged the union failed in its duty of representation and obtained authorization from the Labour Court under s. 47.5 of the Labour Code to submit his claim to a new arbitrator.
The respondent successfully applied for a writ of evocation, arguing the Labour Court exceeded its jurisdiction.
The Supreme Court of Canada dismissed the appeal, holding that s. 47.5 does not empower the Labour Court to order a second arbitration when a grievance has already been arbitrated and disposed of, as this would conflict with the finality of arbitration awards under s. 101.
