In a recent decision, the Ontario Divisional Court (the “Court”) reaffirmed that civil courts do not have jurisdiction over issues that are fundamentally workplace disputes governed by a collective agreement or statutory grievance procedures – in this case, allegations of defamation between coworkers.
While the decision in Bala v. Vanrivong, 2025 ONSC 5800, involves a federally regulated employer, it is an interesting decision for a number of reasons applicable to unionized workplaces on a broader scale.
The Appellant and Respondent were both employees within the federal public service. After a workplace conversation, the Respondent relayed her version of events to other employees in an online conversation. The Appellant alleged that the Respondent falsely claimed she had made negative comments about her manager and co-workers, creating a hostile work environment and damaging her workplace reputation.
The Appellant filed a Small Claims Court action for defamation. The Respondent successfully brought a motion to strike the Appellant’s defamation claim, arguing that the Small Claims Court lacked jurisdiction due to the exclusive jurisdiction of the grievance procedures under the Federal Public Sector Labour Relations Act (“FPSLRA”)and the collective agreement.
The Small Claims Court agreed and dismissed the claim. The Appellant appealed and sought leave to introduce various documents, including written submissions and affidavits, doctor’s notes, chat...
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