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WYATT v. JEWEL COS.

No. 81-2324.

108 Ill. App.3d 840 (1982)

439 N.E.2d 1053

VANNIE WYATT, Plaintiff-Appellant, v. JEWEL COMPANIES, INC., Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Opinion filed August 26, 1982.

Attorney(s) appearing for the Case

Kathleen B. Boyle and James Lewis Kaplan, both of Chicago, for appellant.

Eugene F. Keefe, Thomas D. Nyhan, and Ellis A. Ballard, all of Chicago (Pope, Ballard, Shepard & Fowle, Ltd., of counsel), for appellee.

Reversed and remanded.

JUSTICE ROMITI delivered the opinion of the court:

The sole issue in this case is whether an employee who is employed under a labor union contract can sue in tort for retaliatory discharge if she is discharged for filing a workman's compensation claim. The trial court granted defendant's motion to dismiss the complaint on the ground the employee was limited to the grievance procedure provided by the union contract for an employee discharged...

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