The applicant trade union filed an unfair labour practice complaint under section 96 of the Labour Relations Act, 1995, alleging that the responding parties—various receivers and secured creditors of the bankrupt employer—violated section 70 by failing to remit approximately $35,000 in union dues deducted prior to the bankruptcy.
The responding parties raised preliminary objections that the application did not disclose a prima facie case and that the Board lacked jurisdiction.
The Board dismissed the application, finding that the receivers and creditors could not be characterized as 'persons acting on behalf of an employer' under section 70.
Furthermore, the Board held that the claim for unremitted dues was a 'claim provable in bankruptcy' and was therefore caught by the stay of proceedings under section 69.3(1) of the Bankruptcy and Insolvency Act.
