Violation of Public Policy Claims Precluded by Labor Arbitration
In Wade v. Ports America Management, Inc. decided on August 2, 2013, the Court of Appeal declared that a claim for wrongful termination in violation of public policy was precluded due to the fact that the parties had participated in a labor arbitration pursuant to the governing collective bargaining agreement. This contradicted a prior ruling of the Court of Appeal as it related to the preclusion of Fair Employment and Housing Act claims.
The facts of the case are as follows, plaintiff, an African American male and a longshoreman, was laid off by defendant. He was more senior than some of the workers retained by the company. Wade contended this was a breach of the collective bargaining agreement and a wrongful termination. Included within the grievance, was an allegation of discrimination against minorities. [Continue Reading]