Safety & HCM Post

Union Employee Can’t Sue Employer for Sabotaging His EI Claim

Two weeks after getting fired, an employee was denied EI benefits. The union filed a wrongful termination grievance and the employee appealed the EI denial. The grievance was settled with the employee getting $20K payment and signing a release promising not to sue the employer for any claims arising from his employment. But after losing his EI appeal, the employee sued the employer for sabotaging his EI claim. The trial court dismissed the case saying that it had no jurisdiction, i.e., legal authority to rule on the case because it arose under a collective agreement and was thus a matter for the labour board and that the settlement release barred the claim anyway. The BC Court of Appeal said the trial judge was right and upheld the ruling [Wang v. Grace Canada Inc., 2018 BCCA 255 (CanLII), June 13, 2018].

Bongarde Editorial

Bongarde Editorial

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