Background
Murray Weber, an employee of Ontario Hydro, took a leave of absence due a back injury. Ontario Hydro paid him sick benefits but after a time they became suspicious and hired a private investigator to spy on Weber. The investigators were able to gain access to Weber's home and found evidence showing that he was abusing the sick benefits.
In August 1989, Weber went to the union who then filed a grievance against Ontario Hydro claiming that the use of the private investigator violated the collective agreement.
While the arbitration was underway, Weber brought an action in court against Ontario Hydro for the torts of trespass, nuisance, deceit, and invasion of privacy, and for a violation of his Charter right to security under section 7 and privacy under section 8.
Ontario Hydro argued that the court could not hear Weber's action because the matter was in the jurisdiction of the arbitrator.
The motions judge struck down the action. He found that the action arose from the collective agreement and so the court did not have jurisdiction, moreover, it was a private dispute and so the Charter did not apply. The Court of Appeal upheld the decision, except held that the Charter claim was valid.
The question before the Court was whether the labour arbitrator had jurisdiction to grant remedies for the Weber's claims.
Read more about this topic: Weber V. Ontario Hydro
Famous quotes containing the word background:
“Silence is the universal refuge, the sequel to all dull discourses and all foolish acts, a balm to our every chagrin, as welcome after satiety as after disappointment; that background which the painter may not daub, be he master or bungler, and which, however awkward a figure we may have made in the foreground, remains ever our inviolable asylum, where no indignity can assail, no personality can disturb us.”
—Henry David Thoreau (1817–1862)
“I had many problems in my conduct of the office being contrasted with President Kennedy’s conduct in the office, with my manner of dealing with things and his manner, with my accent and his accent, with my background and his background. He was a great public hero, and anything I did that someone didn’t approve of, they would always feel that President Kennedy wouldn’t have done that.”
—Lyndon Baines Johnson (1908–1973)
“In the true sense one’s native land, with its background of tradition, early impressions, reminiscences and other things dear to one, is not enough to make sensitive human beings feel at home.”
—Emma Goldman (1869–1940)