Court must decide if workplace conversation dispute belongs in civil court or grievance system

The Ontario Superior Court of Justice recently dealt with an appeal by a federal employee who attempted to sue a colleague for defamation in Small Claims Court.

The two workers had a conversation in a workplace lobby that became the subject of online discussion among other federal public servants.

The worker claimed that her colleague spread false information about what she had said during their conversation, damaging her reputation and creating an environment in which she could no longer work for the same employer.

The worker started a Small Claims Court action seeking damages for defamation. However, her colleague brought a motion to strike the claim, arguing the court had no jurisdiction to hear workplace disputes between federal employees.

The colleague argued that federal labour relations legislation requires such matters to be resolved exclusively through internal grievance procedures, not civil courts.

The case raised a fundamental question with broad implications for federal employees: can workers sue colleagues in civil court for workplace-related disputes, or must they use internal grievance processes?

Legislative framework and grievance rights

The parties were governed by federal labour relations legislation providing that if an employee feels aggrieved because of any occurrence or matter affecting terms and conditions of employment, the employee is entitled to present...

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