Robert D. Breen

The appellant employee allegedly drove the employer's leased vehicle with a flat tire, causing damage.

The employer brought a civil action for negligence to recover repair costs.

The appellant moved to strike the claim, arguing the dispute arose out of the collective agreement and was subject to exclusive arbitration under the Public Service Labour Relations Act.

The Supreme Court of Canada allowed the appeal, applying the concurrent decision in Weber v. Ontario Hydro.

The Court held that the essential character of the dispute concerned the preservation of employer property, which inferentially fell under the collective agreement, thereby depriving the courts of jurisdiction.

The respondent, a probationary employee, was dismissed without cause.

She filed a grievance under the Public Service Labour Relations Act, arguing that the Act gave her statutory rights outside the collective agreement, which denied probationary employees the right to grieve a dismissal.

The adjudicator and the Court of Appeal ruled in her favour.

The Supreme Court of Canada allowed the employer's appeal, holding that the Act does not confer substantive rights beyond those in the collective agreement.

Since the agreement allowed the employer to dismiss probationary employees without cause, the adjudicator erred in requiring the employer to establish fault.