Supreme Court

Abstract: Application to strike out a statement of claim on the basis that the Plaintiff's employment covered by the collective agreement. The Plaintiff's employment had been terminated while the position was excluded from the scope of th collective agreement. Parties agreed that a stay of proceedings with a right of revival would preserve the Plaintiff's rights in the event that the agreed return of the position to the bargaining unit should fail to yield her accesses to the grievance and arbitration procedures and remedies available under the collective agreement.
Decision: Plaintiff's action stayed pending further order of the Court. Plaintiff's motion to quash letter of dismissal not granted. Plaintiff's motion adjourned sine die.
Subjects: Employment law
Keywords: Wrongful dismissal - pleadins - application to strike