A probationary employee was discharged shortly after returning from maternity leave.
The collective agreement provided that probationary employees could be discharged at the sole discretion of the employer and such discharge was not subject to grievance procedures.
The employee filed a grievance alleging discriminatory discharge.
The Supreme Court of Canada held that the substantive rights and obligations of the Human Rights Code and other employment-related statutes are implicitly incorporated into all collective agreements.
Therefore, an arbitrator has the jurisdiction to hear a grievance alleging discriminatory discharge, even for a probationary employee.
