The union brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995, alleging a sale of business and seeking a related employer declaration after the Red Cross ceased its homemaking operations and the work was reassigned by the Community Care Access Centre (CCAC) to other service providers.
The responding parties brought a Rule 46 request to dismiss the application for failing to make out a prima facie case.
The Board declined to dismiss the section 69 sale of business application on a prima facie basis, finding that it could not conclude without evidence that only work, rather than part of a business, was transferred.
However, the Board dismissed the section 1(4) related employer application, holding that even if common control and direction existed, it would not exercise its discretion to make a declaration because the CCAC's control was regulatory and statutory, and the relationship was a bona fide subcontracting arrangement rather than an artificial erosion of bargaining rights.