Co-workers' informal comments bound to workplace and subject to collective agreement, not civil remedy: court
A British Columbia nurse who was fired after a workplace harassment investigation tried to sue two co-workers personally for defamation, claiming their statements caused his termination and reputational harm.
On April 29, 2026, Madam Justice S. Sukstorf of the Supreme Court of British Columbia struck both lawsuits, ruling the dispute belonged in labour arbitration, not civil court. The decision in Munjaral v. Brar, 2026 BCSC 767, signals that where a dispute is bound up with a workplace investigation under a collective agreement, civil claims framed in defamation against participating co-workers will generally fall within the exclusive jurisdiction of labour arbitration.
Sunil Munjaral worked as a Licensed Practical Nurse Supervisor with the Fraser Health Authority. His employment was terminated for cause by letter dated December 22, 2022, after Fraser Health concluded he had engaged in misconduct, including “harassment of co-workers, breaches of confidentiality, and other violations of workplace policies.”
The two defendants, Manprit Brar, a Community Health Worker, and Iqbal Dhesi, a casual Licensed Practical Nurse, were Fraser Health employees who provided information during the investigation. In March 2022, Brar worked night shifts with Munjaral and alleged he had engaged in conduct she believed constituted sexual...
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