Does the Superior Court of Justice have jurisdiction to adjudicate claims of wrongful dismissal and breach of an employment contract?
British Columbia, Canada
The following excerpt is from Kong v. Vancouver Chinese Baptist Church, 2014 BCSC 1424 (CanLII):
As a general rule, the Superior Court of Justice has jurisdiction to adjudicate claims of wrongful dismissal and breach of an employment contract. But the general rule has exceptions. One well recognized exception is where the essential character of a dispute between an employer and an employee arises from the interpretation, application, administration, or violation of a collective agreement. Those disputes must be resolved by arbitration, not by an action in the court: see Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929.
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