Hamilton Street Railway Co. v. Northcott

Hamilton Street Railway Co. v. Northcott

Where an arbitration board has conclusively declared employees are entitled to pay under a collective agreement, individual employees may sue in ordinary courts to recover the unpaid wages; failure to use a particular grievance route or time limit does not deprive courts of jurisdiction when entitlement has been declared by arbitration; Rights of Labour Act s.3(3) does not bar such wage claims.

Citation
[1967] SCR 3
Parties
Defendant Appellant: Hamilton Street Railway Co.; Plaintiff Respondent: Derick Northcott
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 October 1966
Procedural Posture
Labour Dispute / Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Collective Agreement Interpretation, Arbitration, Grievance Procedure, Wages Recovery, Jurisdiction
Source Language
English
Labour Law Civil Procedure Employment Law Collective Agreement Interpretation Arbitration Grievance Procedure Wages Recovery Jurisdiction

Case Brief

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Parties

Hamilton Street Railway Co.

Defendant Appellant

Derick Northcott

Plaintiff Respondent

Procedural Posture

Labour Dispute / Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether an arbitration declaration under art. VIII entitles individual employees to sue for unpaid guaranteed wages in court
  2. 2 Whether failure to pursue individual grievance procedure under art. VI bars court action or ousts jurisdiction of the courts
  3. 3 Whether declarations from an arbitration board are useless absent specific monetary determinations and registration under s.34(9) of the Labour Relations Act

Ratio Decidendi

Where an arbitration board has conclusively declared employees are entitled to pay under a collective agreement, individual employees may sue in ordinary courts to recover the unpaid wages; failure to use a particular grievance route or time limit does not deprive courts of jurisdiction when entitlement has been declared by arbitration; Rights of Labour Act s.3(3) does not bar such wage claims.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.