A. Freedman

The applicant employer sought judicial review of a preliminary decision by the Ontario Labour Relations Board, which found that the employer's labour relations were provincially regulated and allowed the union's certification applications to proceed.

The Divisional Court dismissed the application for judicial review on the basis of prematurity.

The Court held that absent exceptional circumstances, which were not present here, administrative proceedings should not be fragmented by reviewing preliminary constitutional or jurisdictional issues before a final decision on the merits.

The union brought a motion to bifurcate the hearing of a discharge grievance to determine as a preliminary matter whether the employer violated the collective agreement by meeting with the grievor without union representation.

The employer opposed the motion, arguing that the evidence regarding the meeting was inextricably interwoven with the evidence on the merits of the discharge, which involved allegations of misrepresentation and surreptitious surveillance.

The arbitrator denied the motion, finding that the potential for gaining efficiency was outweighed by the need for fairness and the necessity of hearing the full context of the employer's investigation.