Howard Keith Juriansz

The applicant, a lawyer formerly employed as an associate at the responding law firm, sought review of an Employment Standards Officer's refusal to issue an Order to Pay for termination pay.

The applicant was summarily dismissed after a heated dispute with the managing partner over the firm's vacation pay policy, during which she acted insubordinately and refused to follow instructions.

The Adjudicator found that the applicant's conduct constituted wilful misconduct and disobedience that was not condoned by the employer.

Consequently, the employer was exempt from the obligation to provide notice of termination or pay in lieu thereof under section 57(10)(c) of the Employment Standards Act.

The application was dismissed.

The applicant union sought a declaration that its bargaining rights bound the responding party, Heritage Green Senior Centre, following the Ministry of Health's takeover and subsequent reallocation of nursing home beds from the revoked license of Saint Elizabeth Nursing Home.

The Ontario Labour Relations Board found that the Ministry's operation of the home constituted a Crown undertaking, and the issuance of a new license to Heritage Green, along with the transfer of residents, constituted a transfer of that undertaking.

The Board further held that valid bargaining rights existed and that intermingling of employees had occurred.

The application was allowed, and the collective agreement was declared to apply as of the date of transfer without the need for a representation vote.