The appellant, a unionized employee, sued his former employer and union executive for allegedly misrepresenting the terms of an early retirement agreement.
The employer and union successfully moved to dismiss the action for lack of jurisdiction.
On appeal, the Court of Appeal affirmed the dismissal, holding that the dispute arose from the interpretation and application of the collective agreement and the union's duty of fair representation.
Under the Weber principle and the Labour Relations Act, such disputes fall within the exclusive jurisdiction of an arbitrator or the labour relations board, not the courts.
