Employment and Labour Law

The applicant sought a review of an order to pay issued by an Employment Standards Officer.

The issue was whether the employee was terminated or quit his employment after a workplace fight involving his brother.

The Board found that the employee had abandoned his job by leaving work after the fight and not returning for several days.

The Board concluded that the employee quit his employment and rescinded the order to pay.

The applicant union referred a grievance to the Ontario Labour Relations Board alleging the responding party violated the collective agreement.

Prior to the hearing, the parties entered into a Memorandum of Agreement settling the matter.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated its terms, and ordered the payment of $10,500 in damages as per the settlement terms.

The applicant sought to withdraw the application.

The Ontario Labour Relations Board granted leave to withdraw the application.

The applicant filed an application to terminate the responding party union's bargaining rights.

Following a representation vote in which more than fifty per cent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Board declared that the union no longer represents the employees of the intervenor employer.

The applicant filed a duty of fair representation complaint against his union after it declined to advance his discharge grievance to arbitration.

The applicant was terminated for allegedly consuming and possessing marijuana at work, based on an undercover investigator's report.

The union investigated the allegations, interviewed witnesses, and considered the applicant's bald denial, which lacked any exculpatory explanation due to pending criminal charges.

The union concluded the grievance had poor prospects of success and posed a risk of leading to mandatory drug testing.

The Board dismissed the complaint, finding the union's investigation was thorough and its decision not to arbitrate was reasonable and not arbitrary, discriminatory, or in bad faith.

The applicant brought an application under section 68 of the Employment Standards Act.

During the hearing, the applicant produced a lengthy summary of alleged harassment incidents that had not been previously disclosed to the employer.

The Board adjourned the hearing to allow the employer an opportunity to address the issues.

The Board also directed the applicant to provide an explanation regarding the relevance of a letter alleging operational failings by the employer, failing which references to the letter would be struck from the proceeding.

The applicant union and responding employer agreed to adjourn the application sine die for a period not exceeding one year.

The Board granted the consent adjournment, noting the matter would be deemed terminated if neither party requested to proceed within that time.

The applicant filed a duty of fair representation complaint against the responding party union under section 74 of the Labour Relations Act, 1995, seeking to have the union process a grievance regarding long-term disability benefits.

During a consultation, the Board noted that the collective agreement appeared to contain an article precluding a successful grievance.

The Board ordered the applicant to provide a clear statement of facts and the specific collective agreement provisions allegedly violated, and scheduled a continuation of the consultation to hear submissions on whether a remedy is available and whether the application should be dismissed for failing to make out a prima facie case.

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.

The application was unopposed.

The Ontario Labour Relations Board granted the application and issued the requested declaration.

The appellant, Dofasco Inc., requested the withdrawal of three appeals against an Inspector and the Ministry of Labour.

The Ontario Labour Relations Board granted the request and the applications were withdrawn.

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 the predecessor union by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Board granted the declaration.

The applicant appealed an order issued by an Inspector under the Occupational Health and Safety Act.

The Inspector undertook to rescind the order, and the applicant subsequently requested to withdraw the appeal.

The Board noted the withdrawal.

The applicant sought to withdraw her application against the responding parties.

The Ontario Labour Relations Board granted leave to withdraw the application.

The applicant requested to withdraw its applications against the responding party, Technisigns Inc. The Ontario Labour Relations Board granted the request and the applications were withdrawn with leave of the Board.

The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement agreeing to the disbursement of funds held in trust by the Director.

The Ontario Labour Relations Board ordered the funds disbursed in accordance with the settlement and terminated the application pursuant to section 69.1(5) of the Act.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, having regard to the agreement of the parties.

The application will be deemed terminated without further notice if neither party requests to proceed within that time.

The applicant union sought to withdraw its application against the responding party.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

The applicant, OPSEU, Local 517, sought to withdraw its application against the Metropolitan Toronto West Detention Centre and the Ministry of Labour.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

The applicant sought a review of a refusal to issue an Order to Pay under the Employment Standards Act.

The Board notified the applicant that the application was not filed on the correct form and granted a 20-day extension to file properly.

The applicant failed to file the required forms within the extended time limit.

Consequently, the Board terminated the matter.

The applicant sought a review of an Employment Standards Officer's decision refusing to issue an order to pay.

The applicant initially filed the request by letter within three days of the decision but did not use the proper form until later.

The Board granted an extension of time to file the application for review on the proper form, noting the applicant's immediate steps to seek review.