2 total
Judicial review of OLRB certification dismissed; Board's finding that replacing a thermal sensor constituted repair work upheld.
The applicant employer sought judicial review of an Ontario Labour Relations Board decision certifying a union as the exclusive bargaining agent for a construction industry bargaining unit.
The core issue was whether two employees performed construction industry work on the application date.
The Divisional Court found the Board's conclusion that disconnecting a pump for off-site repair constituted construction work 'at the site' to be unreasonable.
However, the Court upheld the Board's finding that replacing a thermal sensor constituted repair work, as it was a reasonable, fact-driven conclusion owed deference.
Consequently, the application for judicial review was dismissed.
Termination clause signed after employment commenced held void for lack of consideration; reasonable notice awarded.
The plaintiff sued for wrongful dismissal after being terminated without cause.
The parties had agreed to the essential terms of employment in May 2007.
After the plaintiff started working, the defendant presented a document containing a termination clause limiting notice to the minimums under the Employment Standards Act, 2000.
The court held that the termination clause was null and void because the defendant provided no new consideration for the amendment to the existing oral contract.
The plaintiff was awarded damages based on a reasonable notice period of 3.9 months.
