Policy on discrimination and harassment did not limit or amend terms of collective agreement

JURISDICTION

Policy on discrimination and harassment did not limit or amend terms of collective agreement

Plaintiff was contract professor with defendant. Group of colleagues expressed concerns in letter to dean about hiring procedure used in employing plaintiff. Plaintiff claimed plaintiff suffered emotional and financial losses as result of letter. Defendant had collective agreement. Defendant argued claim arose during employment and arose under terms of collective agreement requiring arbitration of claim and excluded jurisdiction of court. Plaintiff acknowledged all of claims arose from dispute properly falling under collective agreement if plaintiff were found to be bound by collective agreement. Appellant was found to be bound by collective agreement. Policy on discrimination and harassment did not limit or amend terms of collective agreement which clearly did not permit court to have jurisdiction in plaintiff’s type of claim. Defendants’ motions were allowed. Court had no jurisdiction to deal with claims.

Christie v. Trent University (Aug. 12, 2011, Ont. S.C.J., Tucker J., File No. 10-20390) 205 A.C.W.S. (3d) 318 (8 pp.).