The applicant union sought interim relief to prevent the exclusion of certain employees from the Crown Employees Collective Bargaining Act pending a decision on the merits.
The Board held that while section 98 of the Labour Relations Act, 1995 limits interim orders to procedural matters, section 16.1 of the Statutory Powers Procedure Act grants the Board a broader, general power to make interim orders related to its jurisdiction, which prevails due to the override provision in section 32 of the SPPA.
However, the Board declined to grant interim relief in this case, primarily because the applicant was unwilling to proceed expeditiously with a hearing on the merits.
