Supreme Court

Decision Information

Hodgson v Canadian Broadcasting Corporation

Court Supreme Court
Date 1990-09-28
Other citations [1990] NWTR 364
File numbers 01828
Judge(s) Richard
Location Yellowknife
Cases and statutes considered Cases considered:
St. Anne Nackawic Pulp & Paper Co. v. C.P.U., Local 219, (1986) 28 D.L.R. (4TH) (S.C.C.)
Oliva v. Strathcona Steel Manufacturing Inc. (1986), 48 Alta. L.R. 193. (C.A.)

Statutes considered:
CANADA LABOUR CODE, R.S.C. 1985, CH. L-2, SS. 56, 57(1), 57(2), 58(1)
Northwest Territories, Supreme Court Rules, R. 242
Decision information:

Abstract: Application to determine a point of law raised by the pleadings - Whether a dismissed employee whose employment is governed by a collective agreement can maintain a court action for wrongful dismissal.
Decision: In enacting the Canada Labour Code, Parliament intended to oust the jurisdiction of the Courts and provide a forum for resolving differences arising out of industrial unrest that is more appropriate, efficient and informal than litigation - Plaintiff's action for damages for wrongful dismissal dismissed as beyond the jurisdiction of the Court.
Subjects: Employment law - Termination of employment - Wrongful dismissal
Employment law - Termination of employment - Right of action
Keywords: Collective agreement
Wrongful dismissal
Jurisdiction

Decision Content

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