Steel, J.A. in conclusion found that the absence of “third party binding adjudication on the merits” and the absence of an “independent, non-member of the RCMP to decide appeals of disputes”, lifted Phillips v. Harrison outside the scope of the decision in Weber supra. In addition she added the following important comment: “[88] …As well, there is no collective agreement here so it cannot be said that the plaintiff agreed through collective bargaining to have the grievance procedure in the RCMP Act serve as her dispute resolution mechanism.”
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