In Bala v. Vanrivong (Ont Div Ct, 2025) the Ontario Divisional Court dismissed a plaintiff unionized worker's appeal from a Small Claims dismissal, here where the lower court granted a "motion to strike the claim finding that the Act is clear in that the right to grieve is in lieu of the right to bring an action".
Here the court considers the grievance rights of a retired worker:
[30] If the Appellant retired after the alleged defamation incident, the Federal Court has confirmed that former employees may grieve any issue that arose during the course of their employment: Hudson v. Canada, 2022 FC 694, at para. 43.
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