Mel Myers

The respondent employee sued his union in the Manitoba Court of Queen's Bench, alleging a breach of the duty of fair representation after the union pursued grievances on behalf of other employees that resulted in the respondent losing a promotion.

The trial judge dismissed the action, but the Court of Appeal allowed it.

The Supreme Court of Canada allowed the union's appeal, holding that the ordinary courts lack jurisdiction to entertain the claim.

The comprehensive legislative scheme of the Canada Labour Code, which includes a statutory duty of fair representation and a privative clause, ousts the common law duty by necessary implication and assigns exclusive jurisdiction to the Canada Labour Relations Board.

The respondent teacher was required by her collective agreement to retire at age 65, pursuant to The Public Schools Act.

She sought a declaration that this mandatory retirement provision contravened the prohibition against age discrimination in The Human Rights Act.

The Supreme Court of Canada held that human rights legislation is fundamental law that prevails over conflicting general legislation unless an express exception is created.

The Court found that the re-enactment of The Public Schools Act did not implicitly repeal the human rights protections, and the mandatory retirement provision was therefore invalid.