Dunkley v. Misericordia General Hospital, (1979) 1 Man.R.(2d) 53 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: September 18, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 53 (CoCt)

Dunkley v. Misericordia Hospital (1979), 1 Man.R.(2d) 53 (CoCt)

MLB headnote and full text

Dunkley v. Misericordia General Hospital

Indexed As: Dunkley v. Misericordia General Hospital

Manitoba County Court

Jewers, C.C.J.

September 18, 1979.

Summary:

This headnote contains no summary.

Labour Law - Topic 7205

Collective agreements - Enforcement - Civil action by employee covered by collective agreement, which provides a grievance procedure - An employee was dismissed from her employment for cause - The employee filed a grievance under the grievance procedure provided in the collective agreement, but abandoned the grievance when she failed to obtain union support - Subsequently, she brought an action for damages for wrongful dismissal - The employer moved to stay the employee's action on the ground that she was bound by the collective agreement to use the grievance procedure - The Manitoba County Court allowed the employer's motion and stayed the employee's action - The County Court held that the employee was bound to use the grievance procedure provided in the collective agreement, where her complaint was a matter falling within the terms of the collective agreement.

Cases Noticed:

Caines v. Cape Breton Development Corp. (1973), 13 N.S.R.(2d) 285; 9 A.P.R. 285; 39 D.L.R.(3d) 606, appld. [para. 9].

Downey v. Scotia Square Hotel Ltd. (1974), 16 N.S.R.(2d) 344; 16 A.P.R. 344; 55 D.L.R.(3d) 300, refd to. [para. 10].

Re Grottoli, 39 D.L.R.(2d) 128, dist. [para. 11].

Ford v. Trustees of the Ottawa Civic Hospital, [1973] 3 O.R. 437, appld. [para. 11].

General Motors of Canada Ltd. v. Brunet et al. (1977), 13 N.R. 233; 77 C.L.L.C. 14,591, appld. [para. 12].

Statutes Noticed:

Labour Relations Act, R.S.M. 1970, c. L-10, sect. 69(1) [para. 8]; sect. 69(4) [para. 7]; sect. 127(2) [para. 14].

Counsel:

W.L. Barker, for the plaintiff;

W.D. Hamilton and W.R. Ritchie, Q.C., for the defendant.

This case was heard at Winnipeg, Manitoba, before JEWERS, C.C.J., of the Manitoba County Court, who delivered the following judgment on September 18, 1979: