The applicant filed an unfair labour practice complaint alleging the responding party violated sections 70, 72, and 77 of the Labour Relations Act, 1995, by laying him off in reprisal for union activities during organizing drives in 1995 and 1996.
The responding party brought preliminary motions to dismiss the application for excessive delay, failure to make out a case, and abuse of process.
The Board found that the application, filed 18 months after the final layoff and over two years after the initial events, was excessively delayed without compelling justification, causing prejudice to the responding party.
The Board declined to inquire into the matter and dismissed the application.
