Arbitration board has jurisdiction over probationary employee's discriminatory discharge grievance due to Employment Standards Act.
A probationary employee was discharged shortly after returning from maternity leave and filed a grievance alleging discrimination based on family status.
The collective agreement precluded probationary employees from grieving a discharge, but the board of arbitration found it had jurisdiction under the Labour Relations Act to apply the Human Rights Code.
The Divisional Court quashed this decision.
On appeal, the Court of Appeal allowed the appeal, holding that the Employment Standards Act prohibits dismissing an employee for taking pregnancy leave and makes this prohibition enforceable under the collective agreement, prevailing over any conflicting terms.
District of Parry Sound Social Services Administration Board v. Ontario Public Service Employees Union, Local 324 et al., 2001 ONCA 4369
