The applicant sought judicial review of a Grievance Settlement Board decision that upheld a union grievance after the employer's consultant destroyed interview notes.
The Board found that the destruction of these documents irreparably prejudiced the union's case and prevented a fair hearing.
The Divisional Court dismissed the application, holding that the Board did not deny natural justice by deciding the matter on a preliminary fairness issue without hearing the merits.
The Court further held that the Board had the implied statutory authority to enforce disclosure obligations by allowing the grievance.
