Application withdrawn with leave of the Board.
The applicant union requested to withdraw its application.
The Ontario Labour Relations Board granted leave to withdraw the application.
Board directs applicant to provide submissions on how union's refusal of non-member representation at internal appeal violated duty of fair representation.
The applicant filed a duty of fair representation complaint against her union after it withdrew her termination grievance.
The union requested the application be dismissed for failing to disclose a prima facie case.
The Board found that only one allegation—that the union refused to allow the applicant's son to represent her at an internal appeal—raised a prima facie case.
However, noting the union's by-law restricting representation to union members, the Board directed the applicant to provide submissions on how this refusal violated the Act before deciding whether to exercise its discretion to inquire into the complaint.
Employees' inappropriate conversation overheard by a customer did not constitute wilful misconduct disentitling them to termination pay.
The employer appealed an Order to Pay termination pay to two former employees, arguing they were terminated for wilful misconduct and wilful neglect of duty after a customer overheard them having an inappropriate conversation about management.
The Ontario Labour Relations Board dismissed the appeal, finding that while the employees' conduct was inappropriate, it did not amount to wilful misconduct or wilful neglect of duty because they did not intend to undermine the employer's reputation and it was not foreseeable that their actions would irreparably harm the employment relationship.
Employer ordered to pay $1,109.16 in unpaid wages, overtime, and termination pay after failing to appear.
The applicant sought a review of an Employment Standards Officer's decision that ordered the employer to pay him $4.49.
The applicant provided uncontradicted evidence that he was owed for 84.7 regular hours, 9 overtime hours, and 44 hours of termination pay, plus vacation pay.
The employer did not appear at the hearing.
The Board accepted the applicant's evidence and ordered the employer to pay $1,109.16.
Employment standards application terminated on agreement of the parties.
The applicant filed an employment standards application against the employer and the Ministry of Labour.
Having regard to the agreement of the parties, the Ontario Labour Relations Board terminated the application.
Board amends previous decision to direct payment of monies to the Director of Employment Standards.
The applicant sought a review of an Order to Pay under the Employment Standards Act.
Following a previous decision, the Board was informed that the ordered monies had not been received.
The Board amended its previous decision to direct that the monies be paid to the Director of Employment Standards, in trust, and that the applicant's letter of credit not be returned until his obligations were satisfied.
Applications withdrawn with leave of the Board.
The applicant union and individual applicant requested to withdraw their applications.
The Ontario Labour Relations Board granted leave to withdraw the applications and cancelled the scheduled hearing dates.
Application withdrawn with leave of the Board at the applicant's request.
The applicant requested to withdraw its application.
The Ontario Labour Relations Board granted the request and the application was withdrawn with leave of the Board.
Child care worker found to be a nanny, not a domestic servant, entitling her to minimum wage.
The applicant sought review of an Employment Standards Officer's refusal to issue an order for minimum wage and overtime pay.
The Officer had determined the applicant was a domestic servant and thus exempt from those provisions.
The Board found that the applicant, who cared for two young children for eleven hours a day, was employed as a nanny, not a domestic servant.
Applying a broad and generous interpretation to the legislation, the Board held that her extensive experience raising her own children and grandchildren satisfied the requirement of experience equivalent to formal training.
The appeal was allowed and the responding party was ordered to pay the agreed sum of $750.
Intervener status granted to CAW-Canada without objection.
The Ontario Labour Relations Board granted intervener status to the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) in an application involving Chris Gerosavas and Teamsters Local 141, as no party objected to the intervention.
Time for filing evidence on a constitutional issue extended to December 22, 2000.
The responding party, Cara Operations Limited, requested an extension of time to file evidence relating to a constitutional issue.
The Ontario Labour Relations Board granted the request, extending the deadline to December 22, 2000.
Application withdrawn on agreement of the parties.
The applicant union filed an application against the responding party employer.
Having regard to the agreement of the parties, the Ontario Labour Relations Board ordered the application withdrawn.
Application adjourned sine die on consent of the parties.
The parties agreed to adjourn the application sine die for a period not exceeding one year.
The Board consented to the adjournment, noting that the matter would be deemed terminated if no party requested to proceed within that time.
Parties directed to file submissions on jurisdiction for further action regarding representation vote.
The applicant municipality applied to the Ontario Labour Relations Board regarding a representation vote.
The Board had previously issued an interim order under section 37(7) of the Public Sector Labour Relations Transitions Act to supervise a representation vote before the changeover date.
In this decision, the Board directed the parties to file submissions on whether any further action was required and the jurisdictional basis for such action, failing which the application would be terminated.
Director ordered to pay substantiated vacation pay claims but not unsubstantiated unpaid wages.
The applicant, a director of a company that operated charity casinos, appealed an Order to Pay issued under the Employment Standards Act for unpaid wages and vacation pay.
At the hearing, the applicant conceded the claimants were employees, not independent contractors.
Due to a lack of payroll records, the Board relied on the claimants' invoice records to substantiate vacation pay claims but denied unsubstantiated claims for unpaid wages.
The Board ordered the applicant to pay the substantiated amounts to ten claimants.
Application withdrawn following parties entering into Minutes of Settlement.
The parties entered into Minutes of Settlement resolving the matter.
At the request of the applicant, the application was withdrawn.
The Vice-Chair remained seized of any matters arising from the implementation of the settlement.
Union certification granted following a successful representation vote.
The applicant union applied for certification.
Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and the resolution of representations from the responding party, the Board issued a final decision without a hearing.
The Board found the agreed-upon bargaining unit appropriate and directed that a certificate issue to the applicant.
Declaration granted confirming applicant union acquired predecessor's rights and duties following unopposed transfer of jurisdiction.
The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor union by reason of a merger, amalgamation, or transfer of jurisdiction.
Notice of the application was provided to the responding party employer and the predecessor union, and notices were posted at the employer's premises.
The application was unopposed.
The Board granted the application and issued the requested declaration.
Board issued procedural directions for bifurcated hearing on termination pay entitlement and constitutional jurisdiction.
The applicant union appealed an Employment Standards Officer's decision denying termination pay to its former members.
The Board held a hearing and decided to bifurcate the proceedings.
The first phase will address the group's entitlement to termination pay and a constitutional question raised by Cara Operations Limited regarding federal undertaking jurisdiction.
The Board issued procedural directions and timelines for pleadings, evidence, and submissions.
Board directed parties to submit positions on a union's request for intervenor status.
The Service Employees International Union, Local 220 sought intervenor status in a matter between the United Food and Commercial Workers International Union, Local 333 and Leisure World Inc. The Ontario Labour Relations Board directed all parties to submit their positions on the intervention request by December 18, 2000, and deferred the determination of intervenor status to the scheduled hearing.