3 total
Request for early dismissal denied as return-to-work agreement did not release human rights claims.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability.
The respondent union requested early dismissal, arguing that a Memorandum of Agreement signed by the applicant upon her return to work contained a full and final release of the issues in dispute.
The Tribunal reviewed the agreement and found that the clause in question was an indemnity for statutory deductions, not a release of claims related to the duty to accommodate.
The request for early dismissal was denied, and the applicant was directed to provide further submissions detailing her allegations against the union.
Employer not permitted to amend bargaining unit description after statutory deadline and vote arrangements.
The Practical Nurses Federation of Ontario applied for certification to represent practical nurses employed by the responding party.
The responding party filed a timely response proposing a slightly different bargaining unit, and the Board ordered a representation vote based on the application and response.
After the vote was ordered, the responding party sought to amend its response to propose an 'all employee' bargaining unit.
The Board held that the responding party was bound by its original response, as allowing an amendment after the statutory deadline and after vote arrangements were made would prejudice the applicant and undermine the expedited certification process.
A certificate was issued to the applicant.
Board delineates clean up responsibilities between trades and labourers on construction sites.
The Board resolved a jurisdictional dispute between various construction trades and the Labourers' union regarding clean up work at two hospital construction sites.
The Board determined that each trade is responsible for the daily clean up of its own materials and debris, while the construction labourers are responsible for the daily general clean up, removal of debris, and any periodic or final clean up.
