Grainne McGrath

The applicant sought a review of an Employment Standards Officer's decision refusing to issue an order for termination and severance pay.

The applicant was terminated from his position as a loss prevention investigator after he engaged in unwanted sexual touching of a younger female co-worker.

The Ontario Labour Relations Board found the complainant's evidence credible and concluded that the applicant's actions constituted serious sexual harassment.

The Board held that this behaviour amounted to wilful misconduct under section 57(10)(c) of the Employment Standards Act, disentitling the applicant to termination and severance pay.

The application for review was dismissed.

The employer applied for a review of an Employment Standards Officer's decision ordering it to pay termination pay to the employee.

Prior to the hearing, the employee advised the Board that she no longer wished to pursue her claim and that the money paid into trust should be returned.

As the employee abandoned her claim, the Board allowed the application, rescinded the Order to Pay, and ordered the wages and administrative fee held in trust to be returned to the employer.

The applicant, a hair stylist, sought review of an Employment Standards Officer's refusal to issue an Order to Pay for termination pay.

Following a series of workplace disagreements, the applicant stormed out of the salon and stated she was leaving.

Over the weekend, she attempted to retract her resignation, but the employer refused to accept the retraction without an acknowledgment of fault, which the applicant declined to provide.

The Board found that the applicant had subjectively intended to resign and objectively conveyed that intention to the employer, and that her resignation could not be unilaterally withdrawn.

The application was dismissed.

The applicants, former directors of a restaurant, sought review of Orders to Pay issued against them for unpaid wages, holiday pay, and vacation pay owed to a former employee.

During the hearing, the employee withdrew and ceased participating.

Based on the uncontradicted evidence presented by the applicants, the Referee found that one applicant was not a director at the material time and rescinded the order against her.

For the other applicant, the Referee accepted the employer's evidence regarding the hours worked and amended the remaining Order to Pay to reflect a reduced total of $1,795.12.

The applicant union sought an interim order declaring it the successor union and exclusive bargaining agent for employees in over 200 pending successor rights applications.

The applications arose from a massive inter-union dispute following the purported merger of various Ontario locals of the RWDSU with the Steelworkers, which was contested by the RWDSU International and the UFCW.

The dispute caused widespread confusion and collective bargaining paralysis, prompting employers and the Minister of Labour to seek clarification on which union to deal with.

The Board granted the interim order, declaring the Steelworkers as the interim exclusive bargaining agent to preserve orderly labour relations and allow the collective bargaining process to function until the main applications are resolved.