Board dismisses preliminary objections to certification application based on estoppel, fraud, and abuse of process.
The applicant union applied for certification in the construction industry.
The intervenor unions argued the application should be dismissed on grounds of estoppel, fraud, and abuse of process, alleging the applicant breached a prior settlement agreement by failing to negotiate a collective agreement with the employer.
The Board dismissed these arguments, holding that estoppel cannot prevent the operation of a public statute like the Labour Relations Act, and that the applicant's conduct did not amount to fraud or an abuse of process as there was no misrepresentation or violation of the Act.
