Re Grottoli v. Lock & Son Ltd.

1963 CanLII 142 (ON SC)Decided Employment standards

Vacation Pay Dispute: Employee Sues for Unpaid Wages Under Collective Agreement

Summary

A merits decision involving a dispute over unpaid vacation pay under a collective agreement. The employee claimed unpaid vacation pay, while the employer argued that s. 34(1) of the Labour Relations Act barred court action. The court held that the common law employer-employee relationship was not abrogated by the collective agreement and that employees may sue for unpaid wages in court.

Outcome

Employees may sue for unpaid wages in ordinary courts; s. 34(1) of the Labour Relations Act does not bar such actions.

Key Factors

  • vacation pay
  • collective agreement
  • Labour Relations Act
  • statutory interpretation
  • court action for unpaid wages

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.