Wrongful Dismissal – Civil procedure – Jurisdiction – The Lawyer’s Daily

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Wrongful Dismissal – Civil procedure – Jurisdiction – The Lawyer’s Daily

by ahnationtalk on December 1, 202048 Views

December 01, 2020

Appeal by the plaintiff, Goldman, from an order striking her wrongful dismissal claim against the defendant, the Fraser Valley Aboriginal Children and Family Services Society. The plaintiff worked for the defendant as a child protection social worker between 2006 and 2017 pursuant to a written employment agreement. She was terminated without notice. Prior to her dismissal, the BCGEU was certified as the bargaining agent for the defendant’s employees. Although the plaintiff would have been within the bargaining unit, no collective agreement was negotiated as of the date of her dismissal. Approximately 18 months later, the plaintiff commenced a court action seeking damages for wrongful dismissal. Three months later, the union and employer ratified their first collective agreement. One month later, the defendant applied to dismiss the plaintiff’s claim. The chambers judge found that the court had no jurisdiction to consider the claim, as the plaintiff’s sole recourse was through the Labour Relations Board given the existence of the collective agreement. The plaintiff appealed.

Read More: https://www.thelawyersdaily.ca/articles/22776/wrongful-dismissal-civil-procedure-jurisdiction

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