The applicant employer brought a preliminary motion alleging a reasonable apprehension of bias, arguing that the unexplained resignation of an employer representative in another case suggested a lack of adjudicative independence at the Tribunal.
The majority of the Tribunal dismissed the motion, finding that the circumstances were too attenuated and remote to raise a reasonable apprehension of bias, and that the Tribunal's history demonstrated independent decision-making.
The dissenting member would have found a reasonable apprehension of bias based on the institutional setting and the lack of explanation for the member's resignation.
