The applicant filed a complaint alleging that the responding party union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.
The applicant complained about events from 1997 and 1998, including the combination of her job with another position, lack of forklift training, and her subsequent retirement.
The union brought a preliminary motion to dismiss the application for undue delay and failure to disclose a prima facie case.
The Board dismissed the application on the ground of undue delay, finding the 19-month delay to be prejudicial and inadequately explained.
The Board also noted that, even if not dismissed for delay, the application would be dismissed for failing to disclose a prima facie case, as the applicant never requested the union to file a grievance or take specific action.