Harassed employee’s constructive dismissal claim belongs in arbitration: Court

Employee's complaint was for constructive dismissal, not the harassment, so collective agreement had jurisdiction
|Canadian Employment Law Today

An Alberta court has refused to hear a woman’s complaint of constructive dismissal due to harassment, ruling it should be handled though the grievance process outlined by her collective agreement.

Tracy Granter worked for Hood Packaging Corporation in Calgary. In September 2006, while training her on new equipment, a co-worker harassed her with inappropriate behaviour and comments. Granter complained to her supervisor, who told her he would discuss it with the co-worker.

When the harassment continued and two more complaints didn’t get her anywhere, Granter brought the matter to the HR department in October 2006. The harassment stopped for a while but soon resumed. In November, she requested a transfer to a different work crew but her supervisor denied the request.