The responding employer brought a preliminary motion to dismiss the union's application for reconsideration and request for relief under section 11 of the Labour Relations Act, 1995, arguing they were filed outside the Board's time limits.
The union had filed the applications after discovering alleged employer misconduct following the termination of a key union supporter shortly after a certification vote.
The Board dismissed the preliminary motion, finding that while the applications were filed outside the standard time limits, the union had acted with due diligence upon learning of the allegations, and the potential that employer intimidation delayed the reporting of the misconduct warranted relieving against the time limits.
