O’Loan v. Risinger

2009 CanLII 26358 (ON SC)Decided Wrongful dismissal

Employment Jurisdiction Dispute: Tort Claims and Collective Agreement

Summary

A merits decision involving a dispute over whether the court has jurisdiction to hear claims of conspiracy, malicious prosecution, and slander alleged by an employee against co-workers. The plaintiff argued the claims were outside the scope of the collective agreement, while the defendants contended they fell under grievance procedures. The court must determine if the essential character of the dispute falls within the collective agreement.

Key Factors

  • jurisdiction
  • collective agreement
  • grievance procedures
  • tort claims
  • workplace disputes

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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.