The complainant, a discharged employee and health and safety representative, filed complaints against his former employer under the Occupational Health and Safety Act (OHSA) and against his union under section 68 of the Labour Relations Act.
The employer raised preliminary objections that the OHSA complaint was barred by the doctrine of election, as the complainant's discharge had already been upheld at arbitration.
The Board agreed, finding the complainant had elected the arbitral route under section 24(2) of the OHSA, and dismissed the OHSA complaint.
Regarding the section 68 complaints, the union argued they lacked particulars and failed to disclose a prima facie case.
The Board found a prima facie case regarding the union's decision not to seek judicial review of the arbitration award, but restricted the evidence the complainant could adduce on other allegations due to a failure to provide requested particulars.
