During an ongoing application by an employer seeking a declaration that it was a 'non-construction employer' under the Labour Relations Act, 1995, the legislature amended the definition of 'non-construction employer'.
The Board was asked to determine whether the pre-amendment or post-amendment definition applied to the proceeding.
Applying the Interpretation Act and common law principles regarding accruing rights, the Board held that the employer had an accruing right to have its application determined under the law as it existed when the application was filed.
The proceeding was ordered to continue under the pre-amendment legislation.
