Discharge for exercising established employee privilege during statutory freeze period violated the Labour Relations Act.
The complainant union alleged that the respondent hotel violated sections 58 and 70 of the Labour Relations Act by reprimanding one employee, discharging another, and altering working conditions during the statutory freeze period.
The Board dismissed the section 58 complaints, finding no evidence of anti-union animus in the employer's disciplinary actions.
The Board also found that the removal of bar stools did not violate section 70, as it was part of an ongoing renovation program.
However, the Board concluded that the discharge of an employee for purchasing U.S. funds violated section 70, as this practice was an established employee privilege that could not be unilaterally abrogated during the freeze period.
The discharged employee was ordered reinstated with compensation.
Hotel and Club Employees' Union, Local 299 v. Hotel Canadiana, 1980 CanLII 962
