The applicant employer filed two applications seeking a declaration that it is a 'non-construction employer' under the Labour Relations Act, 1995.
The first application was filed before legislative amendments changed the definition of 'non-construction employer', while the second was filed after.
The responding union brought a preliminary motion to dismiss the first application for delay and argued that the new definition should apply.
The Board dismissed the motion, finding no prejudice to the union from the delay, and held that the first application would be determined under the pre-amendment definition because the applicant's substantive rights were affected and the proceeding was commenced under the old legislation.
