General Motors of Canada Ltd. v. Brunet

General Motors of Canada Ltd. v. Brunet

The employee's dispute is a grievance within the meaning of the Labour Code because his claimed rights arise solely from the collective agreement and thus the arbitration procedure in the agreement and s.88 of the Labour Code bar the Superior Court action; the action must be dismissed and the plaintiff's recourse is arbitration (absent allegation of union bad faith).

Citation
[1977] 2 SCR 537
Parties
Defendant Appellant: General Motors of Canada Ltd.; Plaintiff Respondent: Pierre Brunet; Defendant Mis En Cause: The United Automobile, Aerospace and Agricultural Implement Workers of America Local 1163
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 November 1976
Procedural Posture
Appeal / Decision on Jurisdiction and Declinatory Exception Regarding Arbitration Under Collective Agreement
Outcome
Appeal allowed; judgments of the Court of Appeal and Superior Court set aside; plaintiff's action dismissed without costs; plaintiff's right to seek recourse by arbitration reserved.
Legal Topics
Grievance Arbitration, Collective Agreement Interpretation, Jurisdiction Ratione Materiae, Reinstatement, Damages for Lost Wages, Union Duty to Pursue Grievance
Source Language
English
Labour Law Employment Law Arbitration Industrial Accident Grievance Arbitration Collective Agreement Interpretation Jurisdiction Ratione Materiae Reinstatement +2 more

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Parties

General Motors of Canada Ltd.

Defendant Appellant

Pierre Brunet

Plaintiff Respondent

The United Automobile, Aerospace and Agricultural Implement Workers of America Local 1163

Defendant Mis En Cause

Procedural Posture

Appeal / Decision on Jurisdiction and Declinatory Exception Regarding Arbitration Under Collective Agreement

Legal Issues

  1. 1 Whether the employee's dispute is a grievance within the meaning of the Labour Code
  2. 2 Whether the Superior Court has jurisdiction or whether arbitration under the collective agreement is exclusive
  3. 3 Whether the employee may sue for reinstatement and lost wages in ordinary court when rights derive from a collective agreement

Ratio Decidendi

The employee's dispute is a grievance within the meaning of the Labour Code because his claimed rights arise solely from the collective agreement and thus the arbitration procedure in the agreement and s.88 of the Labour Code bar the Superior Court action; the action must be dismissed and the plaintiff's recourse is arbitration (absent allegation of union bad faith).

Court Disposition

Appeal allowed; judgments of the Court of Appeal and Superior Court set aside; plaintiff's action dismissed without costs; plaintiff's right to seek recourse by arbitration reserved.

Orders

  • Allow appeal
  • Set aside judgments of the Court of Appeal and Superior Court