The respondent, a public servant, was released from his employment when his position was declared surplus under s. 22(4) of the Public Service Act.
He brought an action for wrongful dismissal in the Superior Court of Justice, alleging bad faith.
The appellant employer brought a motion to dismiss the action, arguing the Public Services Grievance Board had exclusive jurisdiction, or alternatively, that the court should defer to the Board.
The motions judge dismissed the motion.
On appeal, the Court of Appeal held that while the Board and the courts had concurrent jurisdiction, the courts should not defer to the Board because the statutory grievance procedure was not mandatory and did not explicitly abrogate the employee's right to access the courts for breach of contract.
